You may not have much of a warning in cases of parental child abduction across country borders. Your spouse could abscond with your children during an international family trip, for example.
This could expose your family to a jurisdictional custody issue. There are international, national and state laws that govern these matters. Official resolution is sometimes an option should negotiations fail, especially in partner countries to certain treaties.
International treaties
The Hague Abduction Convention is the main reference for international partnerships against child abduction. The U.S. Department of State website states that Mexico is party to the Hague Convention and a U.S. partner in the treaty.
Federal support
Unfortunately, simply because the nations are partners does not mean that the governments would advocate on your behalf. In general, it simply means that, should you effectively work within the respective jurisdictions, the relevant departments would perform an administrative role in the return of the child. In the worst-case scenario, a partnership means that the foreign government would not officially obstruct the return of your child to the United States should you satisfy its legal processes.
State- and municipal-level partnerships
Being Hague partners also typically indicates that it would be possible for your local attorney to enlist the partnership of foreign lawyers. It would be important to make this choice from an informed perspective. Mexico, for example, has a number of states with different laws, along with a capital-city jurisdiction that functions similarly to Washington, D.C.
Alternative resolution
Even in the absence of a Hague partnership, foreign governments could have their own laws about parents’ rights to see their children. Some of these laws could favor your position. Although foreign involvement may complicate enforcement, it is generally advisable to pursue every possible legal avenue in these types of cases.
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