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Legal Solutions When the Hague Convention Does not Apply

If your child has been abducted to a country that is not a party to the Hague Convention, or if the Convention does not apply in your case, you can seek other legal remedies against the abductor, in the United States and abroad, from both the civil and criminal justice systems. The family court system from which you get a custody decree is part of the civil justice system. At the same time you are using that system, you can also use the criminal justice system consisting of the police, prosecutors, and the FBI.
Using the Civil Justice System: How To Proceed
In addition to obtaining a custody decree in the United States, you may have to use the civil justice system in the country to which your child has been abducted. The Office of Children''s Issues (CA/OCS/CI) can provide general information on the customs and legal practices for many countries around the world. We can also give you general information on legal service of process abroad or obtaining evidence, and on how to have documents authenticated for use in a foreign country. You may write or telephone CA/OCS/CI for information sheets, such as Retaining a Foreign Attorney,
and Authentication (or Legalization) of Documents in the United States for Use Abroad.

To obtain authoritative advice on the laws of a foreign country or to take legal action in that country, you should retain an attorney there. United States consular and diplomatic officers are prohibited by law from performing legal services. (22 C.F.R. 92.81) We can, however, provide you with a list of attorneys in a foreign country. United States embassies and consulates abroad prepare these lists. The United States Department of State can neither guarantee attorney services nor pay attorney fees.
Cautionary note: Attorney fees can vary widely from country to country. The fee agreement that you make with your local attorney should be put into writing as soon as possible to avoid a potentially serious misunderstanding later.
Although officers at United States embassies and consulates cannot take legal action on behalf of United States citizens, consular officers may be able to assist in communication problems with a foreign attorney. Consular officers can sometimes inquire about the status of proceedings in the foreign court, and they may be able to coordinate with your attorney to ensure that your rights as provided for by the laws of that foreign country are respected.

Your foreign attorney may ask for a certified copy of your custody decree and/or state and federal warrants regarding the abducting parent which have been authenticated for use abroad. It is also advisable to send copies of your state''s laws on custody and parental kidnapping or custodial interference, the Federal Parental Kidnapping Prevention Act, and copies of reported cases of your state''s enforcement of foreign custody decrees under Section 23 of the Uniform Child Custody Jurisdiction Act. Your U.S. attorney can help you gather this information.
What Are Your Chances of Enforcing Your United States Custody Order Abroad?
Just as a foreign court order has no direct effect in the United States, a custody decree issued by a court in the United States has no binding legal force abroad, although it may have persuasive force in some countries. Courts decide child custody cases on the basis of their own domestic relations law and the decision whether to recognize a foreign order is at the court’s discretion. This may give a"home court" advantage to a person who has abducted a child to the country of his or her origin. You could also be disadvantaged if the country has a cultural bias in favor of a mother or a father. A United States custody decree may, however, be considered by foreign courts and authorities as evidence and, in some cases, it may be recognized and enforced by them on the basis of comity (the voluntary recognition by courts of one jurisdiction of the laws and judicial decisions of another). Your chances of having your United States court order enforced depend, to a large degree, upon the tradition of comity that the legal system of the country in question has with the United States legal system. While CA/OCS/CI can give you some information on these traditions, you should consult with your attorney in that country on how to proceed.

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