Abstract

The author asserts that in contested cases concerning a child's proposed visit to a foreign country or a child's international relocation, it is essential for decision makers to appreciate the impact that the laws and procedures of the foreign country may have on the child's future well-being. Such cases require an adequate consideration, often with expert testimony, of whether the terms of a proposed custody order will in fact be recognized and effectively enforced in the foreign country, and for how long, since there may otherwise be serious adverse consequences for the child and a left-behind parent and foreign courts will generally have jurisdiction under their own laws to modify custody orders issued by a U.S. court.

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