International Child Visitation

1. Collect hard evidence of the dangers that the proposed visitation presents.
   Any parent who opposes overseas visitation, especially to a parent’s country of origin or current domicile, has a heavy burden of proof. Do not underestimate what you need to do to prove your case. You must go to court with very strong evidence already lined up.
   
   
2. Collect evidence to show the court that there is a real likelihood that the other parent will not return the child.
   “Red flags” include prior abductions, foreign citizenship, strong overseas ties, no local ties, financial incentives to stay abroad, a criminal record, or emotional instability.
   
   
3. Demonstrate respect for the rights of the other parent.
   Courts favor shared parenting. A parent who unreasonably obstructs the other parent’s rights can be viewed negatively by the court.
   
   
4. Do not rely on a country’s poor reputation.
   Courts need real, credible evidence about the danger or legal inefficacy in the other country—not assumptions or general knowledge.
   
   
5. Be calm, not hysterical.
   Present your concerns in a reasoned and composed manner to the court.
   
   
6. You will usually need expert testimony.
   General fears or personal stories are not enough. Independent, credible experts with firsthand knowledge must testify or submit affidavits.
   
   
7. Do not take comfort in the Hague Convention alone.
   Some countries do not enforce it effectively. For example, Mexico and Colombia are parties but may be slow or ineffective in child return cases.
   
   
8. Consider safeguards but know their limits.
   Measures like mirror orders, joint travel, or financial bonds can help but may also give a false sense of security.
   
   
9. Do not rely on the other parent’s promises.
   Verbal assurances mean little in international legal conflicts. Even written promises can be weak protection.
   
   

Do not delay.
Legal action should be taken well in advance of any planned international travel. Judges are less likely to block a long-scheduled trip at the last minute.