• 30
  • September
    2010

Today's post will continue the previous discussion of a recently published Pentagon report that indicated that armed forces personnel who marry while stationed abroad are frequently drawn into complex international child custody disputes in the event of a divorce.

(Please see "DOD Report Shows Intl Child Custody Problems of Military Personnel" for more information.)

Post continued ...

While the Department of Defense and State Department's efforts to provide comprehensive information on the family court systems of foreign countries is a welcome development, it is still viewed by those on the frontlines of these international child custody disputes as nothing more than a first step.

According to Patricia Apy, an international family law attorney from New Jersey, the Department of Defense has yet to fully comprehend the enormity of problems that "we see anecdotally as lawyers doing this work."

A Variety of Legal Obstacles

When armed forces personnel attempt to gain child custody/visitation rights in a foreign court or take steps to fight an alleged international child abduction, they frequently encounter a variety of problematic and wholly unexpected legal obstacles.

In addition to the most obvious obstacles of not speaking the language or being unable to find a qualified attorney, armed forces personnel can be equally stymied by ignorance of court customs (they often differ greatly from the United States), jurisdictional issues, and any relevant international agreements/treaties  (i.e., the Hague Convention on the Civil Aspects of International Child Abduction).

It is worth noting that when these obstacles prevent a parent in the armed forces from gaining child custody/visitation rights, it can have a significant (and often adverse) impact on their performance. This in turn can adversely affect the stated objectives of the military presence in the foreign nation.

Rep. Chris Smith, R-NJ, recognizes the problems facing our armed forces personnel and is currently taking steps to address the problem. For example, Smith has introduced legislation entitled the "International Child Abduction Prevention Act," which would introduce economic sanctions against those countries that fail to assist the United States in resolving instances of international child abduction.

If you are currently involved in a child custody dispute or have questions regarding international child custody, you should strongly consider speaking with an experienced legal professional. 

This post is provided for informational purposes only and is not to be construed as legal advice.

Stay tuned for more from our Denver divorce blog ...

Related Resources:
  
• Report: DOD to Give More Help to Troops in International Child Custody Disputes (Stars and Stripes)