International Parental Child Abduction Lawyer Serving Chattanooga Families
Attorney Ken Lawson brings more than three decades of family law experience to every case. When it comes to those involving international parental child abduction, he brings a perspective to these cases that only comes from personal experience. His own son was abducted and taken out of the country after Ken secured custody, and he spent years fighting to bring him home.
A Personal Fight: How Attorney Ken Lawson’s Own Story Fuels Our International Custody Practice
When our attorney discovered his son was being abused, he acted immediately. He protected his son and secured custody. However, his son was abducted and taken out of the country. Ken spent years searching. He knows what it is like to not know where your child is. He also knows what it means to keep going when every door seems closed.
When you sit down with our lawyer and tell him what is happening, he is not just processing your case. He has gone through this process as a father and as a family law attorney, and he will walk you through your options and next steps.
Navigating The Hague Convention And International Child Abduction In Tennessee Courts
The 1980 Hague Convention on the Civil Aspects of International Child Abduction is an international treaty designed to bring abducted children back to their home country. The core principle is that courts in a child’s home country should resolve custody disputes, not courts in whatever country a parent happened to take them to.
The International Child Abduction Remedies Act (ICARA) is the federal law that puts the Convention into practice inside U.S. courts. It sets the rules for how courts file and decide these cases. Under ICARA, the parent petitioning to bring their child home carries the burden of proof. They must show the court that the wrongful removal occurred based on the weight of the available evidence.
Not every country has signed the Convention, so the first step in your case is confirming it applies. To open a Hague case on your child’s behalf, you need to show:
- Your child habitually lived in a country that has signed the Convention
- The removal violated your custody rights under that country’s law
- You were actively raising and caring for your child
In Chattanooga, parents can file petitions in Hamilton County Circuit Court or the U.S. District Court for the Eastern District of Tennessee. The Convention requires courts to move quickly, with a target of resolving cases within six weeks of filing.
Taking Swift Safeguards To Prevent International Parental Child Abduction
If you have reason to believe your co-parent is planning to take your child out of the country, you do not have to wait for it to happen. Tennessee courts can issue protective measures when credible evidence of risk exists. Depending on your situation, that may include:
- Requiring the other parent to surrender the child’s passports to the court
- Placing the child’s name in the State Department’s Child Passport Issuance Alert Program
- An emergency child custody order blocking relocation beyond 50 miles
- A filing under the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) that formally establishes Tennessee’s legal jurisdiction over the child
Courts look at several factors when evaluating risk. These include prior threats to take the child, strong ties to another country, unusual financial activity, and attempts to obtain travel documents for the child.
If any of those signs are present in your situation, reach out now. Our international parental child abduction lawyer can help you understand which protections apply to your situation and file for court action before the situation escalates.
We Are Ready To Fight For Your Family. Call Us Today.
If the other parent has taken your child to another country or you are worried that they are planning to, do not wait. Call Ken Lawson Law at 423-800-6920 or send us a message to schedule a free consultation. Our attorney will make sure you leave that conversation knowing exactly where you stand.