We’ve blogged about certified legal language services and professional language interpreter services for depositions in international cases. In an international divorce involving children, the issues of custody and visitation are significant points of conflict, particularly when one parent resides in a country that is seen as ‘dangerous’ or unfavorable. When preparing for such a case, it is important to keep several points in mind and factor in the need for professional translation of foreign evidence and professional credentialed and certified interpreter services for witness testimony.
First, the burden of proof is heavy, and it rests entirely on the parent opposing the overseas visitation. Thus, the need for an evidence-based claim is essential. The evidence must prove that a very real risk exists – not merely a suspicion or a fear. Further, the evidence must show that the risk is that the child will not be returned and not that the country is dangerous.
This claim can be shown several ways. On the one hand, a claim can be made based on such evidence as:
- Previously abducted or threatened to abduct the child
- Taken steps to move toward living in the other country.
- Citizenship in the other country and strong emotional or cultural ties to it.
- Friends or family living in the other country.
- No strong ties to the child’s home state.
- Financial ties to the other country.
- No financial reason to return the child.
- A criminal record.
- Jealousy or hatred toward the other parent.
- A history of instability.
However, more effective is the role of expert testimony. It is simply not enough for a parent to testify as to their personal experiences with the dangers of the country in question. Instead, a well-qualified, independent expert must be retained to testify through a professional credentialed court interpreter to their personal knowledge of the issues.
Contact our legal translation and interpretation company to reserve a professional Punjabi, Turkish, Indonesian, French, Japanese, Burmese, Greek, Mandarin, Russian, Polish, Arabic,Amharic, Thai, Bosnian, Korean translator or interpreter for your deposition in Denver, Colorado, and anywhere else in the U.S.
Up Next: Certified Legal Translation and Determining Foreign Law Under Federal Rule of Civil Procedure 44.1