An introduction to marriage of parents from two countries; what is dual citizenship, citizenship of the child, jurisdiction and domicile, choice of law, where does a parent go for information,the rules of the Hague Convention, a Hague hearing, rights of the "left behind parent."
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Marriage, children and citizenship.
According to the laws of the United States a child born in America either to American parents or parents from another country, is an American citizen. A child born to American citizens living in another country is an American citizen. Some people have dual citizenship and are citizens of two countries. Children born to parents from two countries may or may not have dual citizenship. Children of immigrants often have dual citizenship.
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Jurisdiction and Domicile; Choice of Law
Jurisdiction refers to the court where the person can file a suit or be sued. Jurisdiction in the United States normally is in the state where the person lives or has "domicile." For example. a military person on assignment overseas is a domicile of the state where he or she normally lives. Family court matters are usually filed in the state court where one of the parents has domicile. If the parents are in two different states there is a choice of law. If children are involved, the matter is normally filed in the state where the children live. If the parents are from two different countries there can be a choice of law there too. Again, the normal course would be to use the court where the children live.
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Child Abduction in International Law
If the child is removed from the state of jurisdiction, even by the custodial parent, that parent has committed abduction and can be arrested. Some parents from other countries assume that they can take the child(ren) to their home country and be safe from an abduction charge. This is not true. The Hague Convention is an international agreement of many countries all of which have agreed to uphold the rights of parents whose children have been taken from them.
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What courts actually do; what a left behind parent should do
It is important to keep in mind that most courts in most countries are there to enforce their own laws.If the other parent and/or child is a citizen of that country, the court might give precedent to its own rules and customs even when the country is a signatory to the Hague Convention. When there is an abduction the "left behind" parent should contact the US State Department to find out if the country where the child(ren) has been taken is a signatory of the Hague Convention which means it will honor the orders of American family courts. Also contact the consulate (not the embassy) of the other country to find out what court in their country handles the Hague abduction proceedings, and what attorney does this type of work.
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What exactly is the Hague Convention and what does it do?
The Hague Convention on Child Abduction is fundamental to international law, but the child’s welfare is not the most important or only concern. Instead, the Hague Convention on Child Abduction regulates which of the two countries has jurisdiction to decide where the child should live, i.e., the country where the child was "habitually resident." The Hague Convention then provides for a return to that country. The Convention is an international treaty about where the jurisdiction of the courts of one country ends and that of the courts of the other country start. (The United States is a signatory nation). It must therefore be seen in a light of international treaties which establish borders and boundaries, similar to those about tariffs, etc. If a return is ordered, that does not mean that the court has found that it is in the best interest of the the child to live in the country where it came from. Remember: the courts there may well give the parent permission to relocate later.
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