How Are International Custody Issues Handled and How Are They Impacted by the Hague Convention?

Child custody matters can become more complicated when a parent wants to relocate after divorce. The farther the move, the more likely it will significantly impact the parenting plan. Relocating to another country adds another layer because international enforcement of custody arrangements becomes a potential issue. Treaties like the Hague Convention address international custody, but not all nations are signatories to it.

Relocation Under Connecticut Law

Before a divorce is finalized, custody is decided using the “best interest of the child” standard. The court applies various factors set forth in Connecticut General Statutes § 46b-56d(b) to determine what custody and parenting plan is best for the child.

Post-divorce, a parent seeking to relocate must either agree with the other parent or go to court to ask for a change in the original agreement. If the move would significantly impact the parenting plan, the parent desiring to move has the burden of proof to show that: (1) the relocation is for a legitimate purpose, (2) the proposed location is reasonable in light of such purpose, and (3) the relocation is in the best interests of the child. 

To determine whether the move is in the minor child’s best interest, the court must but is not limited to consideration of the following factors:

• Each parent’s reasons for seeking or opposing the relocation;
• The quality of the relationships between the child and each parent;
• The impact of the relocation on the quantity and the quality of the child’s future contact with the non-relocating parent;
• The degree to which the relocating parent’s and the child’s life may be enhanced economically, emotionally, and educationally by the relocation; and
• The feasibility of preserving the relationship between the non-relocating parent and the child through suitable visitation arrangements.

The same standard applies regardless of whether the move is to another city, state, or country.

Concerns About Relocation to Another Country

While preserving the parent-child relationship when a parent moves to another country may be feasible, there is another concern. Enforcement of child custody orders may be limited in some countries. 

The Hague Convention ensures that parents can enforce custody agreements and orders in countries that are signatories to the treaty. For example, if a parent tried to keep a child in a signatory country in violation of a custody order, the other parent could file a petition requesting the child be returned to his or her home country. Custody would then be decided in the home country under that country’s laws. 

If a country is not part of the Hague Convention, enforcing custody is much more difficult. 

Avoiding International Child Custody Issues

Where parents are divorcing and one parent is from another country or there are concerns about a parent taking a child to a foreign country without permission, parties should be proactive. The divorce settlement agreement should include certain provisions even if there hasn’t been a relocation request. For example, the agreement can place limitations on international travel. It can state where, when, and how a parent can travel internationally with the child, how much notice is needed, who holds the child’s passport, and other issues. This agreement has the force of law and can be enforced in court.

Relocation is one of the most difficult issues in child custody because there isn’t much room for compromise. If you or your co-parent is relocating, contact us for a consultation. Our child custody attorneys can help protect your rights and your relationship with your child.