With rapid changes in communications and transportation technology, families often reach across foreign borders. Today, it is not uncommon for married couples to come from two different countries, and perhaps have children in a third. For today’s attorney, family law often means international family law. Although we are based in Massachusetts, family law practice increasingly involves knowledge of the law in other countries and jurisdictions in order to effectively advise clients who may have international issues in their case. An attorney competent in this area can advise you of the strengths and weaknesses of filing your divorce or other attorney family law action in Massachusetts, another U.S. state or in a foreign country.
Our Massachusetts divorce lawyers and Boston-based family law attorneys have effectively represented clients in cases involving special international issues. From enforcing foreign child support orders and divorce decrees, to litigation based on international treaties, to getting process service in a foreign country, our attorneys are up to date in the cutting-edge area of international family law.
A key component to fully comprehending international family law is to have a working knowledge of The Hague Convention. This powerful international treaty can yield beneficial results when it is implemented correctly and appropriately.
The Convention applies in cases where both the country of the child’s habitual residence and the country to which the child was taken have acceded to the Convention. Moreover, the child in question must be younger than 16 years old, “wrongfully removed or retained” in breach of rights of custody under the law of the State of the child’s habitually residence.
The Convention is not a vehicle for deciding child access questions. Instead, its main purpose is to ensure that abducted children are returned to the country of habitual residence. It presumes that such disputes are properly resolved in the country where the child habitually resides.
Attorney Irwin M. Pollack and the divorce lawyers and family law attorneys from The Massachusetts Family Law Group pride themselves on their aggressive advocacy for clients and corresponding track record of success.
For more information, call us at (800) 910-DIVORCE or to schedule a no-obligation consultation in our Norwood, Andover, Worcester, Springfield, Plymouth or Cape Cod offices, please contact us.
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