What are my option when my wife has taken our child out of the country?
Full Question:
Answer:
Generally, in order to use the U.S. legal system to return custody of a child to a parent, the parent must reside in the U.S. or there must be a custody order or agreement in place. The U.S. will work with countries who are partners to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction to seek the return of an abducted child to a parent remaining in the U.S. However, Pakistan is not a country that is a partner to this treaty.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) has been enacted in 48 states and has been introduced in others. Generally, this statute contains both jurisdiction and enforcement provisions that require a state to enforce a custody or visitation order that was issued by the child’s habitual residence. Without a custody order, this law would not apply.
If the child is returned to the U.S., it may be possible to file a motion for custody in the state where the child or one of the parents resides. Laws vary by state, so the jurisdiction would depend on state law of the child or parent's residence. I suggest you contact an
attorney who can review all the facts and documents involved.