Knowledgeable & Experienced Hague Convention Attorney Protecting Your Rights Beyond Borders
When a marriage breaks down and the spouses separate, it often means relocating to another country. In these situations, the Hague Convention governs the divorce or separation and child custody between partner countries.
An international divorce isn't the same as a traditional divorce. The process can be very complicated, as can be the conflicting laws of both countries. Child custody, spousal support, and asset division are some of the most difficult issues in a divorce, but they can be made easier with the help of an experienced Hague Convention attorney Orange County.
At Jos Family Law, our knowledge of international laws can help you navigate the complicated process of cross-border family law. Our attorneys have extensive experience handling international divorce, child custody, child abduction and adoption, and other legal matters governed by the Hague Convention. We are well-equipped to handle any complications that may arise in a Hague Convention divorce.
Hiring a Hague Convention lawyer from our law firm will make the difference between a seamless and stress-free process and a costly and entangled dilemma. We will apply the proper laws to your situation and help you achieve the best possible outcome.
Overview of the Hague Divorce Convention
The Hague Convention of Divorces and Legal Separation, popularly known as the Hague divorce convention, is an international treaty that establishes a multi-country legal framework for recognizing divorce and separations across multiple countries. The convention came into effect in 1970 with the objective of resolving legal conflicts and jurisdictional issues in international divorces.
The laws of the convention apply to couples from different countries who want to divorce or separate from each other. It places a system where the divorce or separation is recognized and enforceable in the country of origin as well as in other partner countries that have signed the convention.
The convention provides rules to determine which country has jurisdiction over divorce or separation matters. These rules provide clarity and minimize conflicts that may arise when multiple countries claim jurisdiction over a case. The divorce or separation granted in any one of the countries will be effective and valid in all other Hague Service Convention countries.
The convention also establishes the rights and duties that arise after a divorce or separation, such as:
- Child Custody
- Property Division
- Spousal Support
Participating nations establish a central authority to receive and process requests relating to divorce and separation. The Hague Convention international service of process passes through these authorities who also act as contact points to various individuals who are seeking divorce or separation.
Remember that the provisions and the Hague Convention service of process only apply to countries that are part of the treaty. If you are going through an international divorce or separation, contact an experienced Hague Convention attorney who understands the requirements and procedures applicable to your situation.
The Hague Convention on Child Abduction & Removal
The Hague Convention is an international treaty to expedite the return of abducted children to their home country. Once the child has returned, the appropriate court of the home country will issue a child custody order as per the laws of the country.
Enacted in 1980, The Hague Convention is designed to facilitate the quick resolution of custody disputes and return the child to the rightful custodial parent. While the convention doesn't define what the habitual residence of the child is, the court will typically consider the place of residence of the custodial parent as the child's habitual residence.
However, the convention does provide a basis for the court to determine the child's habitual residence:
- The history of the child's residence where they live along with the primary parent or caregiver, including where the child goes to school
- The custody agreement between parents prior to the wrongful removal or retention of the child
- Shared intentions of the parents for the child
Wrongful removal or retention' of a child is clearly defined under the convention. Wrongful removal is defined as taking the child out of the country without the consent of the custodial parent, whereas wrongful retention means taking the child out of the country by consent but not returning them to the custodial parent as per the custody agreement.
In this regard, the convention states that:
- The removal or retention of the child is a violation of the custodial parent's rights, which are governed by the laws of the child's home state prior to the incident.
- The rights of the custodial parent that are violated were being exercised at the time when the incident took place.
Hague Convention International Service of Process
The Hague Service Convention is a treaty that facilitates the transmission of legal documents between countries party to the convention. Service under the Hague Convention works by:
- Allowing a judicial officer to send a request for service directly to the central authority of the receiving state
- Establishing a central authority in each partner state to receive service requests from the state of origin
- Allowing the central authority in the receiving state to arrange the service through a local court
In the US, the Office of International Judicial Authority serves as the central authority for the Hague Convention divorce service process.
Determining Jurisdiction Under the Hague Convention
The first step is to determine the jurisdiction of an international divorce, separation, or child custody case. The convention has uniform laws that apply to all Hague Convention service of process countries. The laws offer clarity on the following:
- Family Law
- Child Protection
While the convention talks about jurisdiction, it doesn't have a uniform set of laws governing such issues. The specific circumstances and facts of a case will apply to an international divorce, separation or child removal case. The best way to understand how the law will apply to your case is by consulting with our qualified Hague Convention attorney in Orange County.
How can a Hague Convention Lawyer Help?
At Jos Family Law, our family law attorneys are seasoned and knowledgeable in family law matters in California and beyond. We will assist you at every step of the way when issues arise due to multiple jurisdictions, including:
- Relocation of the child lawfully to another country
- Preventing the other parent to relocate or abduct your child to another country
- Ensuring the safe return of a child abducted by the other parent
- Sending a Hague Convention international service of process for divorce to a spouse located outside the US
- Valuing and dividing marital assets located outside the US
Remember that before filing for an international divorce, you must meet California's residency requirements. Individuals who have resided in the state for at least six months or in the country where the divorce petition is filed for at least three months can file for an international divorce in California.
If you do not meet these residency requirements, you must wait or file for legal separation.
Contact a Hague Convention Attorney in Orange County for your Family Law Issues
For families going through the complexities of international divorce or child custody disputes, we offer knowledgeable and experienced legal support. Binoye Jos is a qualified Hague Convention attorney in Orange County with deep knowledge of the Hague Conference on Private International Law (HCCH), the Hague divorce Convention, and the International Child Abduction Remedies Act (ICARA). With a combined experience of 55 years, our law firm is uniquely positioned to guide you through the entire process and ensure a happier life for you and your loved ones.
Contact us today for a private consultation and take the first step to reuniting with your child or moving on to the next chapter of your life stress-free. We will create a tailored strategy and take immediate steps to protect your rights.
Call (714) 733-7066 or send an email to jos@josfamilylaw.com to discuss your situation today.
