Houston Parental Kidnapping Attorneys
Using the Hague Convention to Protect Your Child
The Hague Convention can be used when a child is taken across international border, away from the child’s habitual residence, without the consent of the custodial parent. If the country that the child was taken to is a member of the Hague Convention, the Hague Convention dictates that the country that the child is in must return the child to the child’s habitual residence.
If you are part of a parental kidnapping case, you need a Houston parental kidnapping lawyer to help you find the best path forward.
What Is Parental Kidnapping?
According to the Parental Kidnapping Prevention Act, parents are guilty of parental kidnapping when they remove a child from a jurisdiction in violation of the child custody or visitation agreement they have with other legal custodians.
Parental kidnapping could include:
- Violating a custody or visitation agreement;
- Keeping the child from the other parent;
- Refusing to bring the child back to the other parent after the visitation period ends;
- Leaving with the child without permission from the other parent.
Can There Be Parental Kidnapping with No Custody Order?
When there is no custody order, it can be difficult to prove parental kidnapping because the other parent has equal rights to the child. That said, you may be able to prove parental kidnapping if:
- The other parent had malicious intent
- The child is in danger of immediate harm
How Is Habeas Corpus Used in Child Custody Cases?
Habeas corpus may be used in a few different ways, each of which provides important opportunities in very serious custody battles. Used correctly, a writ of habeas corpus can provide a parent with the courts' full support to get an enforceable hearing on their custody issues.
To understand your rights and what action can be taken specifically in Houston, don't hesitate to call the attorneys of Diggs & Sadler. We'll look at every detail of your case and take action against those who violated the law.
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