New bill has international custody considerations

Proposed legislation that was passed unanimously by the House of Representatives in December spells out what the U.S. can do if a foreign country fails to comply with the Hague international abduction treaty when a child is taken from Florida or any other state. U.S. State Department statistics show that in 2013, non-custodial parents abducted more than 1,000 children and moved with them to another country. The bill is now in the Senate Foreign Relations Committee and hearings have already begun.

A Colorado father has been going through such a battle after his ex-wife, the mother of their children, took them to Argentina in violation of a U.S. court order. The Supreme Court of Argentina recently issued its final ruling in favor of the father, and he is waiting on an order of return to be issued by the U.S. State Department.

If the bill that is being discussed in the Senate should become law, the U.S. could take numerous steps, including threatening economic sanctions, if a country that is a signatory to the Hague treaty, as are Argentina and the United States, does not comply with its requirements. The Colorado father in this case believes that if the law were already in place, his ordeal trying to return his daughters would have been over in a year instead of the three-and-a-half years it has taken.

In any custody agreement, the best interests of the child ideally take paramount consideration. Often, making sure that the custody arrangement adheres to all aspects of applicable law helps to assure that the agreement will endure and not affect the child with more upheaval in the future.

Source: CNN, "U.S. Dad Wins Huge Custody Fight", Ana Cabrera and Elizabeth Stuart, March 31, 2014

No Comments

Leave a comment
Comment Information
  • The Law Office of Daniel E. Forrest represents individuals in Fort Lauderdale in high-asset divorce matters. Daniel Forrest is board-certified family lawyer and mediator serving the South Florida area.
  • The Florida Bar - Board Certified | Marital & Family Law
  • AV(R) Preeminent Martindale-Hubbell(R) Lawyer Ratings
  • Rated By Super Lawyers | Rising Stars Daniel Forrest |
  • Avvo Rating 10.0 Superb | Top Attorney Family

Learn More About Your Legal Options

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

450 East Las Olas Boulevard
Suite 1090
Fort Lauderdale, FL 33301

Toll Free: 800-642-8160
Phone: 954-800-5000
Fax: 954-252-4095
Map & Directions