WATCH: If a US court orders that the children should be returned, will a foreign court respect that order?

Melissa J. Avery answers:

If the other parent has taken your child to another country without your consent, you may be able to get an order for return from a court in the United States. Whether that order will be recognized and enforced in the other country may depend on whether that country is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction.

Hague countries agree to recognize and enforce orders from other countries except in certain limited circumstances. For non-Hague countries, the question of whether a US order will be recognized and enforced depends on principles of comity which are defined differently throughout the world. Many times, return of the child depends on the successful collaboration of attorneys and courts from both the US and the country in which the child is located. Having an experienced team of legal counsel will be crucial to the client.