International marriages and personal relationships place special demands on family lawyers whose clients require dependable advice about complex international family law issues.

Today, it would not be unusual for an American man and a French woman living in New York to marry in Bermuda, move to Singapore on business, own real estate in Canada and a business in England and have children in school in Switzerland. If they separated and one spouse unilaterally returned with the children to live in New York, each party will require legal advice regarding many matters, each having a significant international component, concerning divorce, custody, equitable distribution, child support, spousal support and child abduction.

Family lawyers may have little experience in handling international cases. Should they handle such matters without the assistance and collaboration of experienced and knowledgeable international family law counsel, they risk not representing their clients’ interests competently. 

International family law attorneys are usually familiar with different legal systems (ideally, civil as well as common law), whether by practice, academic experience, or otherwise. While no one can know the laws of all countries, international family law counsel are experienced in discovering, understanding and comparing such laws, not by merely reviewing the bare language of the governing statutes, cases or treaties, but by evaluating the practical impact of the laws as they might apply to their clients actual circumstances in the various legal systems in issue. 

Genuine knowledge of foreign practices and social customs is another critical element of the ability to counsel on international family law matters. Typically, international family law attorneys are multicultural in experience and outlook, and understand the particular concerns of people from different cultures.  

International counsel collaborate with local counsel in each jurisdiction and offer a critical overview and understanding of the big picture of an international family law case that local counsel can rarely give, so as to provide coordinated, coherent and effective advice to clients. They also assist clients and counsel by drawing on international networks of counsel, consultants and experts. 

International counsel's work frequently centers on helping clients make the critical first step decisions in complex international situations. The initial steps in many of these cases are the most significant. Preliminary questions may include: Should the client stay in the foreign residence or move back home before instituting a divorce? What steps should the client take before moving to another country? May a parent with certain rights of custody from a court in one country unilaterally take the child to another country? What would be the consequences of such a move? Clients must have knowledgeable and experienced advice when making such decisions.

 Specifically, international family law counsel assist in international child custody matters. This includes determining which is the best jurisdiction, assisting foreign local counsel if the action is instituted in a foreign country, helping resolve problems arising from the institution of custody actions in more than jurisdiction, and developing case strategy. 

International Relocation 

International family law counsel may assist clients who wish to relocate with a child to a foreign jurisdiction or wish to prevent the other parent from doing so.  

Counsel's representation might include advising or procuring advice concerning the left-behind parents ability to enforce visitation rights in the foreign country. For example, a parent seeking to enjoin a Japanese national from taking their child to visit Japan might retain international counsel to secure evidence establishing that foreign parents are powerless to secure a child’s return from Japan. This might include evidence establishing that Japanese courts will not enforce foreign visitation orders; that in Japan the Japanese parent customarily receives sole custody; that Japan is not a party to the Hague Convention; and that the U.S. State Department warns Americans that Japanese courts will not help them secure their children’s return even if they have an American custody decree. 

International Child Abduction 

International child abduction, often by a parent or grandparent, is increasing as more people travel and reside overseas.

International family law counsel coordinate all aspects of these cases, which often require immediate action in multiple jurisdictions. 

If retained by a parent who is alleged to have abducted a child to a foreign jurisdiction, international counsel will assist the client to retain local counsel in the foreign jurisdiction, assist in preparing the defense and assist in defending any actions that the left-behind parent asserts in the state from which the child was removed. 

If a child is abducted from a foreign country to the United States, international family law counsels representation of either party may include: 

·                     Appearing in the action, either directly, through local counsel or pro hac vice. 

·                     Working with local counsel in the foreign jurisdiction to procure affidavits concerning the extent of the parties’ custody rights and to determine whether to institute custody proceedings. 

·                     Preparing the Hague Convention case for a hearing (invariably on an expedited basis since the treaty calls for prompt action and ICARA allows American courts to take immediate measures to protect the child)

·                     Trying the case. 

·                     Handling a host of post-hearing matters, including prosecuting or defending against claims for payment of the applicants costs, fees and expenses in accordance with 28 U.S.C. 11607.