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Child Custody Under The Hague Convention On The Civil Aspects Of International Child Abduction

child custody attorneysThe United States Supreme Court entertained a case on December 5, 2012, involving an international child custody battle. The case, Chafin vs. Chafin, involved a U.S. Army soldier and a Scottish woman. The Chafins were originally married in Scotland. Thereafter, they moved to Germany where Mr. Chafin was deployed by the United States military.

In 2007, the couple had a daughter. She was born in Germany and had dual citizenship. She was both a citizen of the United States and the United Kingdom. Thereafter, Mr. Chafin was redeployed by the United States military to Afghanistan. He stayed there for 15 months. During his deployment, the Chafins agreed that the mother and daughter would return to Scotland. Eventually, Mr. Chafin moved to Alabama and his wife and daughter followed him there in February 2010.

The Chafins’ Divorce

Mr. Chafin filed for divorce and for an emergency custody order in Alabama. As part of the emergency Alabama order, the daughter’s passports were moved to an unknown location. Due to the fact that Mrs. Chafin could not leave the country with her daughter and return to Scotland, she overstayed her visa. This resulted in her being deported in February 2011.

Mrs. Chafin Seeks The Return Of Her Child Under The Hague Convention

Mrs. Chafin filed a petition to have her child returned pursuant to the international obligations countries have under the Hague Convention. A Federal District Court Judge ruled in her favor. He found that Mr. Chafin had wrongfully kept his daughter and had no right to hide her passport. He also found that Scotland was her habitual residence and allowed Mrs. Chafin to return to Scotland with her child.

United States Supreme Court

This case eventually found its way to the United States Supreme Court. The issue before the Supreme Court is whether under the Hague Convention they can order the return of the child to the United States and whether the United States was the habitual residence of the child. This case is still pending!

About The Author

divorce and custody assistanceElliot S. Schlissel, Esq. and his associates have been involved in numerous cases dealing with international custody and visitation issues concerning countries that are signatures to The Hague Convention and countries that are not covered by this convention.

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