International Child Relocations Addressed at D.C. Meeting

Judges and experts from the United States and 14 other countries recently met in Washington D.C. to address the problem of relocating a child to another country.

When a parent wants to move with their child to another country, against the wishes of the other parent, the decision to allow or deny the parent's right to relocate has been determined on a state-by-state, county-by-county, courtroom-by-courtroom basis, mainly because there isn't a set of guidelines for judges to consider when making a ruling in these types of cases. Hence the reason for last month's meeting.

The three-day meeting proved successful, with participation from the United Kingdom, Australia, New Zealand, Argentina, Brazil, Canada, France, Germany, Egypt, Mexico, Spain, India, and Pakistan. By the end of the three-day meeting, the participants had adopted and issued the "Washington Declaration on International Family Relocation," which provides a framework outlining what should be considered by judges to standardize how international relocation cases are handled.  The following is a list of some of the recommendations listed in the declaration:

• All states should adopt legal procedures that address parents' rights to relocate with children
• Reasonable notice should be provided before relocating
• The child's best interest should always be the first and most important consideration
• Mediation should be used, as well as a voluntary settlement relocation agreement
• Standard factors that should always be considered in international relocation cases include:
  • The right of the child to maintain personal relationships with each parent
  • The child's views and opinions about the relocation (if of an appropriate age and maturity)
  • Existing child custody or visitation arrangements
  • The reason for relocating
  • A history of any domestic violence or abuse
  • How the relocation would affect the child's schooling
  • Employment
• All countries should sign both the 1980 and 1996 Hague Conventions, which provide a clear framework for international cooperation on relocation issues

If you and your child's other parent are involved in a dispute over relocation or child custody, a San Diego divorce lawyer at Claery & Green can help. We have a great deal of experience in family law, and can help you achieve your legal objectives by aggressively advocating and protecting your parental and legal rights. Furthermore, we understand that few things in life are as emotionally taxing as a legal issue involving your children, which is why we dedicate ourselves to doing whatever we can to help you resolve your legal matter successfully.

Contact Claery & Green at (619) 299-2008 or (760) 526-0440 to schedule an appointment to discuss your case!