When a parent relocates to another country with his or her minor child, he or she usually needs the consent of the other parent. However, consent can be implied based on the actions of the parents as was the case described by a recent New York Law Journal article.
A couple that met in New York, where they both resided in the 1990â€™s, married in 2001, in Greece, and lived there permanently after the September 11th terrorist attack. They had a child in Greece and lived there until the mother moved back to the United States in 2013. The father wanted his son returned to Greece where the father resided, citing elements of the Hague Convention. The Hague Convention is an agreement of international law to which many countries are signatories. It directs when and how children should be returned to another country and is often invoked in cases such as this.
The child, who was then about ten to eleven years old, did not want to return to Greece. The court considered this desire a factor in its decision-making process. Additionally, the court held that the father agreed to the sonâ€™s relocation to New York with his mother and sister. The court also held that the father knew the mother was moving as she sold many items in their home, including furniture. Furthermore, the father saw the boxes that the mother had packed. This logic went against the fatherâ€™s statement he was not aware that the mother was moving to the United States with their son. Because of these assertions, the court found that the father agreed to the childâ€™s relocation to the United States from Greece and that he consented to the child remaining there.
If you have concerns over child custody or visitation and residence, then speak to family court attorney Jayson Lutzky. He represents clients in the greater New York City area and has an office in the Bronx. With over 32 years of experience as a lawyer, he is uniquely qualified to represent you in family court. Call 718-514-6619 to set up a free in-office consultation and visit www.MyNewYorkCityLawyer.com to learn more about Mr. Lutzky.