How to Get Custody of My Child if My Ex-Spouse Moves to Another Country

Child custody cases already involve emotional turmoil, financial burden, and strained relationships, but when your ex-spouse decides to move abroad and intends to take your child, the legal and logistical challenges can become overwhelming. Fortunately, there are legal frameworks and strategies that may help you protect your parental rights and your child’s well-being.

What Legal Framework Governs International Child Custody Cases?

International child custody disputes are typically governed by the Hague Convention on the Civil Aspects of International Child Abduction. This treaty aims to prevent the wrongful removal or retention of children across international borders. The United States and about 100 other countries are parties to this Convention.

If your ex-spouse is moving to a Hague Convention country, you may be able to initiate a process to have your child returned to the U.S. under the treaty’s procedures. However, if the country is not a signatory, your options will be more limited and may involve complex litigation in both the U.S. and the foreign jurisdiction.

What Should I Do If My Child Is Taken to a Hague Convention Country?

If the country where your child was taken is a member of the Hague Convention, you can request the child’s return to the United States based on the claim of wrongful removal or retention. The following steps are typically involved:

• Contact the U.S. State Department’s Office of Children’s Issues, which assists in processing Hague applications and provides guidance.
• File a Hague application with the appropriate Central Authority (often through the U.S. State Department).
• Provide documentation of your custody rights (such as court orders).
• Prove that the child’s habitual residence was the United States prior to the removal.
• Demonstrate that you were exercising custody rights at the time of the removal or retention.

The Hague Convention does not determine custody but instead seeks to return the child to their country of habitual residence so local courts can decide custody matters.

What If the Country Is Not Part of the Hague Convention?

If your ex-spouse relocates your child to a non-Hague country, the process becomes far more difficult. In such cases, you may need to:

• Hire legal counsel in the United States and potentially in a foreign country.
• Pursue diplomatic channels through the U.S. State Department to attempt resolution.
• Explore mediation or negotiation with international family law professionals.
• Prepare for lengthy legal proceedings, often with limited enforceability depending on the foreign country’s legal system.

Without the Hague Convention framework, the ability to secure the return of your child may depend entirely on the laws and court decisions in the destination country.

Can I Stop My Ex-Spouse from Relocating My Child Internationally?

In Maryland and other states, courts use the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to establish jurisdiction in child custody cases. If there is a current custody order in place and you share legal custody, your ex typically cannot relocate with the child internationally without the court’s permission.

To stop or challenge an international relocation, you must show that the move would negatively impact your child’s stability and well-being. Courts will assess whether the move is in the child’s best interest, considering:

• Your consistent involvement in your child’s life.
• The child’s ties to community, school, and healthcare providers.
• The emotional, educational, and social consequences of the move.

If your ex leaves the country without legal authorization, it may be considered parental kidnapping, which has both civil and criminal implications.

What Evidence Helps Me Keep My Child in the United States?

You can strengthen your position in court by presenting compelling evidence that staying in the U.S. supports your child’s best interests. This may include:

• School and medical records, showing continuity of care and education.
• Proof of your active parental role, including participation in daily routines, events, and activities.
• Witness testimony from teachers, therapists, or relatives.
• Copies of existing custody orders or agreements.
• Documentation of how the relocation would disrupt your child’s development and emotional health.

Maryland family courts typically give considerable weight to factors that support stability, routine, and strong parental relationships.

What Are My Options if My Child Moves Abroad?

If international relocation cannot be prevented—or if it’s already happened—there are still custody and visitation solutions to maintain a meaningful relationship with your child. Depending on your circumstances and the laws of the destination country, you may be able to pursue:

• Extended summer and holiday visitation.
• Virtual visitation (e.g., weekly video calls or messaging apps).
• Alternating academic years in each country, where practical.
• Neutral third-country visitation or scheduled travel arrangements.

Working closely with a family law attorney who has international custody experience is critical to tailoring an arrangement that’s enforceable, financially manageable, and aligned with your child’s needs.

Navigate Your Child’s Future With Help From the Annapolis Child Custody Lawyers at Oliveri & Larsen

The experienced Annapolis child custody lawyers at Oliveri & Larsen understand the complex interplay between domestic and international law and how each jurisdiction affects custody disputes. Call us today at 410-295-3000 or contact us online for an initial consultation. Our Annapolis, Maryland office location proudly serves clients in Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.