The horror of parental abduction!
As Vancouver parent Kris explained, despite a Washington state court order granting him custody of his young son Max, his Japanese born ex-spouse had removed Max from the US and taken him to Japan. His Court Order was not worth the paper it was written on, since Japanese family courts do not recognize or enforce foreign family court orders.
While Japan is a recent signatory to the Hague Convention, which requires countries to enforce foreign family court orders, Japan has yet to pass legislation to implement the necessary procedures. So for now, a law without any teeth to help parents like Kris.
Although Kris is exploring other options, including the intervention of Interpol, Kris’s story illustrates the challenges which can occur if a parent removes children to a foreign jurisdiction, even those countries which observe the Hague Convention.
In my experience it is far more effective to attempt to prevent the children from leaving the jurisdiction than it is to hav
e them returned after they’ve been removed.
So here are some tips if you suspect that your ex may be inclined to take the children away, whether to another province or country, and not return.
Firstly, if you are negotiating the terms of a court order or Separation Agreement, make sure you include specific provisions which require your ex to obtain your prior written consent to travel outside the province or country with the children.
Secondly, if there is no court order or agreement in place, and you have evidence that your ex has plans to remove the children permanently, you need to immediately attend and obtain a court order that your ex not leave the jurisdiction. Once you have an order it should be relayed to responsible authorities at every applicable border crossing, and/or highway.
Hopefully, if you, and parents everywhere, take such steps, and authorities respond as they should, we can prevent re-living this nightmare on any street!
His professional approach served me and my family very well. He knew exactly when to step forward, and when he could coach me to handle things on my own to help keep my costs down.
Thank you Mr. Taylor for a job well done.
Immediately upon walking into this office, I was received by a warm welcome from his legal assistant. This did not feel intimidating as what I had been exposed to at the other lawyer’s offices. Moments later, I was sitting with Mr. Taylor in his office, discussing my case. After several minutes I felt very comfortable.
Scott Taylor took the time to sincerely listen to what I had to say, and he had the compassion to provide me with the honest answers I needed. The best way I could describe Scott, would be like a friend. After leaving his office, I felt like I had a close friend going to bat for me.
I would recommend Scott to anyone who needed legal advice.
He made my divorce painless, and took charge of all that needed to be done.
I tried to do it myself, with the guidance of Scott Taylor, and realized it was in my best interest to have him take over, and I am certainly glad I did.