Our Portland Custody Attorney Explains International Custody, Enforcement and Discovery

Discovering Firenze
We live in a highly mobile society. Parents seek to relocate for new job opportunities for themselves or a new spouse, for better opportunities for children or to be closer to other relatives. When the custodial parent seeks to move with children to a different state or country, the other parent may fear a situation where he or she receives less parenting time, or the other parent may fear that the custodial parent will take the child away for good. Our Portland custody lawyer Ronald Allen Johnston handles interstate and international child custody cases, and he helps parents ensure their rights to their children are protected no matter how difficult or complicated the situation.

Interstate and International Custody and Relocation

Child custody orders of one state are given full faith and credit by other states and other countries who are members of the Hague Convention, an international treaty. If a parent has an existing child custody and support order and moves away from or to Oregon, he or she should consider registering the order with the appropriate courts. This will make enforcement of the order quicker and easier if ever a problem arises.

If a parent obtains a child custody or child support order here in Oregon, other states must follow the order and Oregon will have continuing, exclusive jurisdiction to modify its own order until neither the parents nor the child resides in this state. International custody and relocation is treated similarly to interstate relocation, and the standard of whether to allow an international relocation remains the same: is this move in the best interests of the child? Remember that Oregon courts favor children having close, continuing contact with both parents. Discovery, or the finding of facts and evidence, can be difficult in complex international custody cases but not impossible for an attorney well versed in international and interstate custody laws.

Enforcement of Child Custody Orders

If a parent has a child custody order and believes the other parent to have abducted a child, they need to seek the assistance of an attorney at once. The attorney will file the proper motions and notify the authorities of the possible parental kidnapping. Taking a child across state or international lines in violation of a state custody order can be a federal crime, and the FBI could be involved. The parent in violation of the order may face federal criminal charges and risk losing custody or parenting time. Never travel with a child without the proper documentation.

Interstate and international custody and parenting time is a specialized practice within family law, as it requires a full understanding of state, federal and international law. Do not attempt to travel or relocate without a qualified Portland family attorney reviewing your case. Contact our firm immediately if you seek interstate or international child custody and relocation or are in need of help enforcing an existing court order from another state or country.

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