Visa Hurdles in International Child Relocation Custody

Child custody concerns can bring limitations and difficulties when choosing to move abroad. The visa hurdles in international child relocation custody require a deep understanding of international child custody laws and California family law procedures. Working with an international child custody lawyer can help you legally and safely relocate.

Understanding an International Child Custody Claim

Over 20 million children have a parent who lives outside of their household, leading to a variety of diverse custody arrangements. International child relocation custody is needed when one parent seeks to move a child to live in another country. This typically occurs due to employment opportunities, remarriage, or safety concerns. No matter the reason for relocation, international child custody cases are legally complex due to involving both family law and immigration law.

One of the first legal considerations in international relocation cases is jurisdiction. Usually, the country where the child has habitual residence, or has resided in for six months before filing the claim, has jurisdiction. Then, the court will assess the custody and parenting arrangements according to the country’s legal framework and consider what is in the best interests of the child.

A court order for international child relocation is highly specific and detailed. The court order can include a variety of information about the relocation and parental responsibilities, including:

• The country of relocation
• The exact dates for travel and visits
• Which parent is responsible for relocation costs
• Grants authority to a parent to sign and manage the child’s visa, passport, and other immigration documents
• The schedule for digital communication, including video and phone calls, between the child and the at-home parent.

What to Know About Visas and Immigration Law Before Relocating Your Child

There are many things you must consider before choosing to relocate with custody of your child. Immigration rules and restrictions vary depending on the country, which is why working with a lawyer is essential. Some common hurdles you may face with your child’s visa and relocation process include:

• Your child’s visa eligibility. In some countries, your child may not qualify for a visa. Despite having parental custody, the child may not qualify for a visa due to a country’s strict dependency definitions, such as age limits. For example, many employment visas do not automatically include children.
• Parental consent. Many immigration authorities require proof that both parents consent to the relocation. This may include written consent from the child’s other parent or certified court orders. Without one of these documents, relocation could be considered wrongful and result in an order for the child’s return under the Hague Convention on the Civil Aspects of International Child Abduction.
• Exit and travel restrictions. Some countries impose exit restrictions on minors, so you may have to obtain consent from their other parents before leaving the country. This can complicate travel and visitation plans.
• Timing and processing delays. Family court proceedings and visa processing timelines rarely align. Visa delays can undermine court-approved relocation plans, creating a need for temporary arrangements.

Relocating a child internationally without addressing all visa requirements and issues that arise can have serious consequences. You may face visa refusals, forced returns, loss of custody rights, or even charges of international child abduction, so careful attention throughout this process is crucial.

Hire an International Child Custody Lawyer

An international child custody attorney like Rod Firoozye understands jurisdictional rules and can determine which country’s courts have authority over your case, which is especially important when parents live in different countries or there is a dispute over jurisdiction. Additionally, a lawyer can coordinate a family law and immigration strategy to ensure court order support for visa applications and relocation. This helps you avoid the need to return to court for additional documentation.

International custody disputes are often emotionally charged and can leave you worried about the future. A lawyer with experience in international child custody can mediate discussions between various parties, including the court and your child’s other parent, preventing miscommunication and facilitating negotiation. Their strategic guidance can ease your concerns about visa complications and other challenges, establishing a smooth transition.

FAQs

What Is the Hague Convention?

The Hague Convention on the Civil Aspects of International Child Abduction allows for the swift return of children under 16 who have been wrongfully removed from their home country. While the Hague Convention does not decide custody, to avoid consequences in countries that have signed this convention, it is important to have all legal documents that prove that a relocation was legal and permitted by the court or the child’s other parent.

What if Your Child’s Other Parent Refuses to Consent to International Relocation?

If your child’s parent does not consent to you having international child relocation custody, you should hire an international child custody lawyer who can help you file a petition with the court. In court, a judge can decide whether relocation is in the best interest of the child. If a judge permits the relocation, they can provide you with the proper court orders to certify that the relocation is legal.

Do You Still Need to Pay Child Support if Your Child Lives Abroad

In most cases, you will need to pay child support even if they live abroad. Your child living abroad does not eliminate your responsibility to provide for your child. Over 50 countries have entered reciprocity agreements, which require a U.S. citizen to pay child support to children who live abroad.

What Do You Need to Do if You Are Traveling Abroad With a Child, Not a Long-Term Relocation?

If you have custody of your child and are looking to travel abroad for a short period of time, it is important to carry proper documentation. Having your child’s passport, a copy of your custody court order, and a letter of consent from your child’s parents can help you pass security measures when traveling abroad.

Learn How the Law Offices of Rod Firoozye Can Help

Careful planning, informed legal advice, and early attention to visa hurdles are critical to achieving a lawful and sustainable relocation with your child. If you are looking to gain international child relocation custody, the Law Offices of Rod Firoozye have 28 years of experience in family law and have helped countless families with international relocation. Contact us today to learn how experienced legal guidance can help you during this transition.