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Custody battle crosses international borders

On Behalf of | Apr 1, 2014 | Child Custody

Many Minnesota parents cite a “battle” when it comes to child custody. People refer to it as a battle because it can be a very difficult fight between two sides that both have a lot at stake. However, once an agreement has been reached or a judge has made a ruling, it seems as though the fight is over.

Unfortunately, this is not the case for people dealing with a non-compliant parent who violates the conditions of a custody or visitation arrangement by refusing to return a child. It can be difficult enough when an uncooperative parent lives across town or in the next city, but when that parent takes a child and leaves Minnesota or the U.S., fighting to enforce custody orders can be even more complicated.

One man, for example, has been fighting for over three years to have his two daughters returned to him after their mother took them and fled the country. She had expressed her wishes to take the children to Argentina during the original custody hearing, but a judge denied her request. Despite the ruling, the mother still took the girls to Argentina without permission.

International agreements are in place to prevent these troubling scenarios. In cases when a parent flees with a child to a country bound by the conditions of the Hague convention, which includes Argentina, authorities in both countries have agreed to do whatever they can to return a child to the home country.

However, the battle with the mother in Argentina has stretched out for so long because the country allows parents to file several appeals to stay in the country with children. This can result in significant delays.

Luckily, the father in this case recently learned that the courts in Argentina denied every appeal filed by the mother. She has been ordered to return the children to their father.

Many relationships involve parents who come from different parts of the country or the world. When these couples split up, it is a very real concern that one parent will choose to take a child back to a home state or country without the permission of the court or the other parent. When a child is abducted in this manner, it can be crucial for the compliant parent to work with an attorney in order to have a child returned.

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

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