Child abductions – where one parent has wrongfully, meaning in violation of a court order, taken a child from or prevented the return to, the other parent can happen between states. Child custody lawyers who work on abduction cases are familiar with the state laws, and the procedures for return of the child.
The time frame for working on these cases is short, and a parent must act swiftly in order to protect their rights. The longer an abducted child remains in a foreign state, the more roots they put down, the harder it becomes to get a court to order a return.
As soon as the abducting parent’s location is known, a case should be filed or a motion brought before the court. This is not a time to wait and see. The abducting parent is not going to suddenly have a change of heart and do the right thing without a court order.
International child custody lawyers will tell you that under the Hague Convention on the Civil Aspects of Child Custody, there is a presumption after 12 months that a child has become settled and that removal to their Home State is now NOT in their best interests.