When determining issues like child custody, visitation, and support, the first step is figuring out which court has jurisdiction to enter these orders. Typically, the court in your child’s “home state” will make the initial custody determination. However, if your child has been absent from their home state or has moved frequently with you or your ex-spouse, the state where your child has lived in the six months before the custody petition will have jurisdiction.
But what if your child has been living out of the country for at least six months before you file for custody?
A Case Example: Tom, Jane, and Liam
Consider the case of Tom and Jane, who are married and have a 9-year-old son, Liam. Liam was born in the United Kingdom but moved to Virginia with his parents when he was four. After five years in Virginia, Tom and Jane split up, and Jane moves back to the United Kingdom with Liam. Seven months later, Jane files for custody in the United Kingdom, while Tom files for divorce and custody in Virginia. So, which court has jurisdiction—the United Kingdom or Virginia?
The UCCJEA and Foreign Jurisdiction
Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the court in a child’s home state has jurisdiction to make the initial custody order unless an exception applies, such as emergency jurisdiction or inconvenient forum.
But can a foreign country like the United Kingdom be considered Liam’s home state under the UCCJEA? The answer is yes. Foreign countries are treated as “states” under the UCCJEA for purposes of custody jurisdiction.
Determining Jurisdiction in This Case
Since Liam has been living with Jane in the United Kingdom for over six months before either parent filed for custody, Virginia loses its home state jurisdiction. As a result, the court in the United Kingdom has jurisdiction to make the custody determination.
International Custody Battles Are Time-Sensitive
As you can see, interstate and foreign custody battles can be time-sensitive and complicated. If you’re involved in a custody dispute where one parent wants to move your child out of the country, contact a family law attorney immediately. The experienced attorneys at DiPietro Family Law Group have decades of experience handling complex custody cases and family law matters in Northern Virginia, Maryland, and Washington, D.C.
Contact us today for a consultation at (888) 530-4374.