Child Custody an International Move Way Considerations
At the Orange County Law office of David P Schwarz we are experienced international child custody lawyers. We have fought for the rights of many child custody move away cases. Please contact our office at 949 735 9266 or via the web We can also be reached by email at email@example.com.
In addition to the factors affecting a domestic move-away, courts must consider: Cultural conditions and practices in the foreign country, Visitation difficulties because of the distance from California and Jurisdictional issues making enforceability of the California custody/visitation order problematic
A child Custody lawyer will protect our client interest whether it is to move to another country or to make sure they maintain their same custody rights if a party moves to another country. In cases involving international relocation, the child's best interests at a minimum require, first, continuing contact between the child and the parent remaining in this country and second guaranteed enforceability of the California custody order in the foreign nation.
A child custody attorney will make sure that the cultural issues that might effect any move to a foreign country do not destroy the integrity of the child custody arrangement and effect the child themselves from a foreign unfamiliar culture. The court must consider whether relocation to a foreign country will subject the child to cultural conditions and practices far different from those experienced by American citizens or deprive the child of important protections and advantages not available in the foreign country.
At the Orange County Law office of David P Schwarz we will protect our client from any cultural issue that will adversely effect the children’s upbringing in a foreign culture. The Court will permit expert testimony on the cultural issues, and perhaps the country's laws.
A child custody attorney will have to argue to the Court for or against the move to a foreign country because the move could potentially terminate the rights of the parent to frequent visits to the distance and cost of travel.
Courts require the moving parent to satisfy the burden of showing termination of the other parent's custody/visitation rights would be in the child's best interest.
If the moving parent cannot satisfy this burden the parent must show the family law court that they will finance the other parent's visitation or the child will spends alternate years in the two countries, or some other plan which accommodates the valuable relationship between the non-moving parent and the child.
In cases in which the court becomes aware of facts which may indicate that there is a risk of abduction of a child, the court shall, either on its own motion or at the request of a party, determine whether measures are needed to prevent the abduction of the child by one parent. To make that determination, the court shall consider the risk of abduction of the child, obstacles to location, recovery, and return if the child is abducted, and potential harm to the child if he or she is abducted. To determine whether there is a risk of abduction, the court shall consider the following factors
At the Orange County Law office of David P Schwarz we have successfully argued on behalf of our client to take the child to a foreign country without causing undue hardship to either parent. Please contact our office at 949 735 9266 or via the web for a consultation. We can also be reached by email at firstname.lastname@example.org.