Legal Question in Family Law in Minnesota

Re: Family

Yes. Leaving the country does not invalidate an existing child support order.

Of course, if you share legal custody, she must seek your consent or permission of the court to relocate with the child. If she does not, you may seek the return of the child to this country by using the provisions of the Hague Convention.

Re: Family

Thank you for your question. The problem you describe (a child removed from the united states by a parent who is from another country) can be enormously difficult and complicated.

You ask specifically about the effect of a move upon an ongoing child support obligation. The simple answer to that question is that if you have an existing child support order, established by a court in your jurisdiction, then your obligation to pay support continues, even if the mother returns to her country of origin.

Beyond that, you will find that the issues raised by her move (custody and visitation, for example) are some of the most frustrating, and complex, that can be encountered in the area of family law. Arranging even routine visitation, for example, can be enormously difficult, and nearly impossible in many cases.

A great deal depends on which foreign country is involved. I have had a number of very complex cases involving Sweden (perhaps the most aggravating, by far), Liberia, Iceland (also very difficult to deal with) and Mexico. The first thing you need to understand is that there is no single body of law that governs each of these countries, and many countries will happily ignore orders from American courts -- regardless of their adoption of the Hague Treaty.

In my experience, almost no area of law is more badly misunderstood. The Hague Convention only provides that the member countries will generally respect orders from other member countries, but does not necessarily require them to enforce them. And several member countries are notorious for ignoring American court orders. Near the top of the list is Sweden, which has been included several times on the US State Department's list of non-compliant nations. Mexico, perhaps not surprisinly, is far more accessible.

If you have questions or concerns about this matter, please feel free to contact my office. My contact information is below.