We’ve blogged about language translation and language interpretation issues in international family law cases. Determining the jurisdiction of your child custody case is an essential step in divorce process. Once jurisdiction is determined, one cannot move the child from that jurisdiction without express permission from the court. This may not seem like an issue at the time, but years later if one parent moves to a different country and wants to take the child with them, jurisdiction will prevent the move until a court order is granted. If you currently do not have a custody order, you need to first determine jurisdiction, which is typically the place where the child has been living for the past six months.
If, however, jurisdiction has already been determined and you want to move to another country with the children, you must first get a custody order from the jurisdiction where the children currently live. If the children currently live in a foreign country and you want to take them back to the United States, the foreign court order must include a foreign language translation. For more information, see The Uniform Child Custody Jurisdiction Act, Uniform Child Custody Jurisdiction and Enforcement Act and The Hague Convention on the Civil Aspects of International Child Abduction.
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