There is also continuing interest in further implementing both the Convention and Protocol to go after global child support debt. According to some estimates, there are at least one million instances of unpaid child support involving border issues, globally; indicating a strong need to come up with a reliable global tool with which to facilitate the collection of child support payments.

Help Streaming Lining Child Support Payments From Abroad

Countries and states are reportedly starting to increasingly embracing iSupport, a secure communication and electronic case management system designed to help facilitate the Convention. Many caseworkers in states like California are increasingly relying on it, for example, to streamline the recovery of child support when the obligor is abroad.

Florida’s Jurisdiction over Child Support Payments

Florida law incorporates these international laws via the Uniform Interstate Family Support Act (Act) which references the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, as concluded at The Hague Convention on November 23^rd, 2007. It declares that even if Florida is not the residence of the obligor, obligee, or the child, the parties consent that Florida may continue to exercise jurisdiction over its own child support order under most circumstances (i.e. unless all of the parties involved filed consent for another state to exercise jurisdiction or the order is not the controlling order).

In instances where more than one country or state issued child support orders, Florida courts–where they have jurisdiction over the obligor and obligee–apply the following rules in order to determine which order controls and is recognized in the state:

• Preference is given to the state (or country) that would have continuing, exclusive jurisdiction under the Act; however,
• If more than one would have continuing, exclusive jurisdiction, the order issued by the tribunal which is located in the current home state of the child controls; or
• If that is not applicable, the order most recently issued controls. However;
• If none of these circumstances are applicable (i.e. none of the tribunals would have continuing, exclusive jurisdiction under the Act), Florida shall issue the child support order, and it controls.

Florida International Child Support Lawyers

At Arwani Law Firm ,, our dedicated family law attorneys have had significant experience in handling both child support and international family law cases here in Florida. We work hard to ensure that our clients and their families are taken care of. Contact us today to find out more about our services.

Resource:

familylawweek.co.uk/site.aspx?i=ed183167

Following the breakup of a marriage, one parent commits child abduction when they take a child from the U.S. without the consent of the other parent and/or in direct contravention of a U.S. court order. Currently, 96 countries have signed onto the Hague Convention, and there are 94 cases of child abduction from the U.S. to India.

What It Does Regarding Domestic Child Custody Status Quo

The Hague Convention on the Civil Aspects of International Child Abduction (also known as The Hague Abduction Convention) provides for an expeditious return of a child who has been internationally abducted. In doing so, the Convention preserves the status quo child custody arrangement–which existed before the wrongful removal of the child–and applies to children under the age of 16.

It is important to note that a child can be determined to be taken in violation of these custody rights even if both parents are still married and neither holds an official custody decree. The Convention defines wrongful removal or retention of a child whenever it is in breach of child custody rights of the State in which the child was habitually resident immediately before the abduction, and declares that the removal of a child by one of the joint holders without the consent of the other is wrong.

The Convention also dictates that the court where the Hague Convention action is filed should determine the country in which the child custody dispute should be heard (versus considering the merits of the underlying dispute itself). In that sense, the Convention requires that the child be returned to the country in which they are a “habitual resident,” and that all Contracting States (i.e. countries) proceed expeditiously in seeking the return of the child. That decision must specifically be made within six weeks from the date any proceedings commence.

Delay

India has been working towards signing the Convention for over a decade, but has been delayed due to existing Indian laws, which must first be amended before it can be signed by the country. The U.S. also plans to highlight the issue of domestic abuse, which is an issue that often accompanies child abduction.

Reach Out to Us Today for Help

The attorneys of the Arwani Law Firm have handled difficult cases involving abduction and domestic violence, working tirelessly to ensure that our Florida clients and their children and families are safe. The issue is unfortunately common in a state like Florida, which is home to many couples that may have multiple residences in several countries.

Whether you are located here in Orlando or abroad, we provide the very best legal counsel. Contact us today to find out how we can help.

Resource:

economictimes.indiatimes.com/news/politics-and-nation/us-pushes-india-to-sign-hague-convention-on-child-abduction/articleshow/60523479.cms