Monday, March 24, 2014

NEVADA Part 26

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My ex-wife took the children to France to visit her family and she stayed there.  What rights do I have, as she is violating my custodial and visitation rights?

The 1980 Hague Abduction Convention has been adopted by the United State and various countries around the world.  France is one of the signers. For more information regarding signatory countries, see the U.S. Department of State's website.

In order to avail yourself to the Hague Convention, there are minimum requirements.

    
    The child needs to be under the age of 16.
    The child must be a habitual resident in a contracting state, i.e. a U.S. citizen.
    The petitioner has to have a right of custody.

    At the time of the wrongful removal or retention, petitioner had to have been actually exercising right to custody, or would have been but for the wrongful removal.

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