Writ of Habeas Corpus
Habeas corpus went by the nickname “the great writ” in the common law of England and America. It pops up sometimes in family cases about child custody and visitation. The phrase means “produce the body” in Latin. A savvy family law attorney uses habeas corpus when a child gets held without the right legal reason. This tool can turn the tide fast, making sure fairness wins. Anyone dealing with tough custody battles benefits most from knowing this legal secret, which not many realize can be a game-changer. Keep reading to see how this powerful writ can protect rights when it matters most.
Hague Convention on the Civil Aspects of International Child Abduction
The Hague Convention is an international treaty that has been signed by the United States, Canada, most countries in Central and South America, and throughout Europe, much of the Middle East, Australia, and South Africa. Participating countries allow for a quick method to return a child who has been wrongfully taken to another country for resolution of the custody dispute.
The Parental Kidnapping Protection Act
The Parental Kidnapping Protection Act is a federal law. This law also protects parents and their children against an adverse ruling child custody ruling by another state.
Uniform Child Custody Jurisdiction and Enforcement Act
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which has been adopted by most states, promotes the policy of the courts to eliminate jurisdictional fights and to promote cooperation between courts in different states. Like the Hague Convention, the UCCJEA sets forth rules which determine the location where the child custody litigation will take place. Generally speaking, the “home state” time period is six months. Therefore, if the other parent takes the child to another state without your permission, you will want to act quickly or else risk litigating custody outside the state in which you live.
Child Abduction is a serious matter and we have written articles about the topic for you to read: International child abduction still a real problem: Part 1 and Part 2.
Multi-State Family Lawyers Helping in Child Abduction Matters
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