Minnesota Attorneys For International And Interstate Child Custody And Jurisdiction Disputes
The law firm of Burns & Hansen, P.A., can help if a co-parent has taken your child to another state or another country without permission, or refuses to return your child to Minnesota after a planned visit. We act swiftly to get your case before a judge to establish and enforce your rights, in parallel with other legal remedies. Our family law practice has achieved notable court victories and negotiated resolutions for Minnesota parents in international and state-to-state cases of child abduction and wrongful detention.
When one parent plots to deprive the other of custody, it is often a race to the courthouse. We have the ability to prepare effective motions and petitions on very short notice to assert your rights in a Minnesota family court, appellate court or federal court. Our family law attorneys pursue every legal avenue under international, federal and state laws — often on several fronts at once — to get your child back.
Timing Is Critical. Understanding The UCCJEA.
In interstate custody disputes, prompt action (by either side) can influence the outcome. The abducting parent may attempt to get a temporary custody order in that state or otherwise muddy the waters. Our lawyers provide emergency judicial relief to head off such actions by bringing the dispute properly before a Minnesota judge or federal court.
The federal Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs interstate custody disputes, including parental abductions. Our attorneys can knowledgeably apply Minnesota law and the UCCJEA in forcing the other parent to relinquish custody, and in revising the parenting plan.
Protecting Your Role As Primary Custodian
In international custody cases, we have retrieved abducted or wrongfully detained children under the Hague Convention, an international treaty recognized by most developed countries. Once your child is returned, we will take further steps in state court to amend the custody agreement and cement your authority as the primary custodian.
The Hague Convention does not apply to children over 16 or to countries that are not signatories to the treaty. In those cases, we work with the U.S. State Department to pressure the foreign government to return the child, while also pursuing orders and injunctions in state or federal court to ensure that the abducting parent does not have a legal leg to stand on.