Although family and international law appear to be as far apart in the legal spectrum as possible, certain surprisingly common circumstances may bring the two into conflict.
American fathers have recently protested against the Japanese government hoping to persuade the foreign nation to sign the Hague Treaty. These fathers have ex-spouses currently residing in Japan with their children. Their plight for Japan to ratify the treaty, if successful, would obligate the Japanese government to return children from international parental child abduction. However, the Japanese stated they would not apply the treaty retroactively which means fathers whose children are residing in Japan with their mothers may not have much hope.
In another scenario, many ex-spouses are having difficulty obtaining child support when the other parent lives under tribal law. Since Native American tribal groups are not under the laws and jurisdiction of the United States, they are not obligated to follow child support or custody orders. Tribal groups are sovereign entities with their own laws and state court orders would not apply on their lands.
If you are seeking the help of a child custody attorney, please contact us.
