A parent taking a child on vacation is one thing. Crossing international borders without the other parent’s agreement is something else entirely. We explore where that line is drawn, why parental kidnapping is often misunderstood, and how the Hague Convention handles custody disputes that span multiple countries. Family law attorney Devon Rood Slovensky explains when parents are free to travel with their children, when legal restrictions begin, and why many situations people fear are “kidnapping” do not meet that standard.
We also examine the Hague Convention through the high-profile Saeed Abedini case, where a young child was taken from Turkey to the United States, leading to a complex international legal fight. Devon shares how courts determine a child’s habitual residence, why acting quickly matters, and how delays can affect the outcome of a case. Along the way, we discuss the role of federal courts, the challenges families face when different countries are involved, and the legal principles that guide judges through these difficult disputes.
Whether you’re a parent, attorney, or simply curious about international custody law, you’ll gain a clearer understanding of how these cases are handled and why they can become so complicated.
In this episode, you will hear:
- What parental kidnapping legally means and common misconceptions
- When parents can travel with children during custody disputes
- How the Hague Convention handles international child custody cases
- The role of habitual residence in cross-border custody decisions
- Lessons from the Saeed Abedini international child abduction case
- Why acting quickly can affect the outcome of a Hague Convention case
- How federal courts address international custody disputes compared to state courts
Resources from this Episode
https://en.wikipedia.org/wiki/Saeed_Abedini
https://www.hcch.net/en/instruments/conventions/specialised-sections/child-abduction
www.childrenfirstfamilylaw.com
All states have different laws; be sure you are checking out your state laws specifically surrounding divorce. Krista is a licensed attorney in Colorado and Wyoming, but is not providing through this podcast legal advice. Please be sure to seek independent legal counsel in your area for your specific situation.
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