International custody disputes often hinge on Hague treaty

Among the many issues couples face in divorce, some of the most complicated cases involve parents attempting to enforce custody agreements across borders. Minnesota parents facing child custody disputes, domestic or international, might benefit from understanding the complexities of the laws surrounding custody.

Family law is complicated enough within the confines of a single state's family law. Yet states have differing laws regarding custody and other related issues, so state-to-state can be convoluted. However, U.S. courts have a tradition of comity, which means that one court respects the rulings of another. This judicial principle is upheld by the provisions of the U.S. Constitution.

Since the domestic constitution does not apply to international courts, countries rely on treaties to negotiate cross-border disputes, including those in the family law arena. One such treaty on custody is the 1980 Hague Convention on the Civil Aspects of International Child Abduction. It is very complex for Minnesota parents to negotiate custody arrangements involving children in countries that have not ratified this particular treat.

For instance, Japan is one major country that has not approved this particular Hague Convention treaty. As such, parents with a custody dispute involving Japan are asking American officials to encourage the Japanese government to move forward with the treaty.

Dealing with a custody dispute, no matter the distance between parents and their children, is emotional and opens up a whole host of legal issues. Determining what exactly is in the child's best interests is at the heart of most custody disputes and discrepancies between state or federal laws can make this determination much less clear cut.

The important thing to remember is that families who are dealing with complex custody disputes often have options and do not have to go it alone. A trustworthy legal advocate can work to resolve lingering legal questions in order to create a custody or visitation arrangement that respects the needs of children and a parent's rights.

Source: The Japan Times, "Parents urge Clinton to press Japan on child custody," July 9, 2012