Illinois Lawyer Referrals and Legal Guidance
Child Abduction Lawyers in Illinois
Findgreatlawyers.com is a free service to find an Illinois attorney for child custody and other legal issues. The attorneys we recommend are not free, but our staff of in-house lawyers will answer your questions at no charge. If we give you a referral, it is to someone we know and have great faith in, and we believe they give you a great chance of success. If you would like our help please contact us at (312) 346-5320.
If you are worried that your child’s other parent is going to take your child out of the country against your wishes, there are several things you can do to try and prevent this from happening. If they have already taken your child out of the country, or are in the process of doing so, there are some specific steps you should immediately take, from calling local law enforcement to filing an application under the Hague Convention on Civil Aspects of International Child Abduction.
International child abduction can happen out of the blue, but in many cases there are warning signs. For example, there are some common abductor profiles to look out for, such as if your child’s other parent has no financial or familial ties to this country but has a large support network in his or her home country. Obviously, it’s a huge red flag if your ex has threatened to take your child out of the country, or has attempted to do so in the past. Other warning signs include financial independence, applying for a passport for themselves or the child, quitting a job, selling a home, or a change in immigration status.
If you have concerns, talk to an attorney right away. An attorney will help you get a custody order, or modify an existing one, and include preventative measures. These measures also may speed up the process of getting your child back if abduction takes place, although it’s important to note that a custody order that is valid and enforceable in the U.S. may not carry the same weight in another country. Other countries are under no obligation to honor a custody order from another country.
When there is a chance of an international child abduction, a custody order should be very specific, and properly made. For example, the order should be very specific about visitation, stating days and times. Orders that simply say “reasonable visitation” are difficult to interpret and enforce. Other preventative measures include supervised visitation, language in the court order authorizing law enforcement to assist with any violations, or specifically prohibiting pick-up from places such as day care or school.
To be technically correct, the court that issues the custody order must have jurisdiction (meaning that the court has the power to make the order), and there must be proper notice to the other parent. An experienced attorney can help you steer clear of these pitfalls.
In addition, you can ask the court to order that the child’s passport be surrendered, and/or order that the other parent is prohibited from applying for a passport for the child. You can notify the Department of State of these orders and flag any applications for a passport for your child.
If your situation is an emergency and there is no court order regarding custody, you may be able to get an emergency order preventing the other parent from taking your child out of the country. We’d recommend hiring an experienced attorney to do this for you.
Practically speaking, if you are worried about an international abduction, you should take pictures of your child, know their social security number, get them fingerprinted, and notify schools and daycares of any custody orders and give them certified copies. You should also know all personal information (social security number, driver’s license number, passport information) of the other parent.
If your child has been abducted, you need to act fast. Contact local law enforcement and make a missing-person report. Make sure they enter this information into the NCIC, which is run by the FBI. Also make a report with the National Center for Missing and Exploited Children. And call the U.S. Department of State (Office of Children’s Issues) to get further advice.
Figure out whether you can file an application under the Hague Convention (an attorney can help with this process). The Hague Convention is an international agreement under which certain countries agree to aid each other in the recovery and return of abducted children. Many countries are not a party to this agreement, and the Convention does not apply if your child is 16 years or older. In many cases, the other country will hold a trial. They will look at the facts surrounding custody, identify the child’s country of “habitual residence” and make a decision. The other country may take the child’s wishes into account if they are considered mature enough (there is no set age limit for this).
The foreign court determines whether the child should be returned to the U.S. for a custody determination. They do not make a decision on custody. And they do not have to honor a custody order that you may already have (although it may help). You will probably need an attorney in the country where your child has been taken, and your attorney here can help you find someone and work with them to make sure everything is done to find and return your child.
Don’t delay in filing an application under the Hague Convention – if it’s been more than a year, the other country may decide that the child is acclimated to the new country and does not need to be returned.
An application under the Hague Convention is a civil matter and does not involve criminal sanctions. In fact, some argue that criminal charges should not be sought in these cases because some countries are unwilling to send a child back if it means their parent will face arrest and prosecution. An experienced attorney can help you weigh the pros and cons.
If the country you’re dealing with is not part of the Hague Convention, you can try going through the judicial system of that country, and either seek a custody order in that country or try to have your existing custody order enforced. This may or may not be successful, depending on the facts and the country involved. Some countries have a history of working with the U.S. on child abduction cases. Other countries are not so cooperative, and in fact quite resistant to helping return an abducted child.
When a child is abducted, local, federal and international laws may apply. It can be overwhelming on top of already being an extremely difficult time for the left-behind parent. An attorney experienced in international family law, specifically child abduction, can help you organize the process and execute a plan for finding your child and hopefully bringing them home safely. If you suspect that they might be abducted you need to act to keep them from leaving the country before it’s too late. If you need legal help or just have questions about Illinois law, contact us at (312) 346-5320. All calls are free and confidential.