Understanding Jurisdiction in Family Law Cases

What happens if you, your former spouse, or co-parent move? Just like families, family law disputes are not always confined to one location. A court may decide issues such as divorce, child custody, support, and equitable distribution in one part of the world, but one or both parties may later relocate to another state or country. This raises important questions: Are there advantages or disadvantages to filing in a specific location? What law applies? If your former spouse or co-parent challenges or ignores an order, which court has jurisdiction to help you?

Jurisdiction is the authority of a court to decide your case. It is often straightforward when everyone remains in the same area – your local family court will hear and decide issues in your case. However, when a former spouse or co-parent relocates, the situation is more complicated and depends on several factors.

International Arrangements and Relocation

For custody, the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) determines which court has control. While the original court generally retains jurisdiction, this holds true only if one party remains in that state. If both parents move, the case generally shifts to the child’s new location, and a parent would have to file for assistance from the court in the new location.

Though distance and other factors associated with international relocations tends to complicate matters, there are international agreements among countries in the form of treaties – most notably the Hague Convention – which ensures that one country will respect the custody arrangement established by another. Countries that have agreed to the Hague Convention cooperate in resolving custody disputes and preventing “forum shopping”, which is when a party seeks to file in a country with custody laws more favorable to their case.

However, custody orders issues in one country may not automatically be recognized or enforceable in another because some countries have not agreed to abide by the Hague Convention. This can substantially complicate the enforcement of custody arrangements. When faced with international relocation, it is imperative to consult with an experienced family law attorney who can help you make an informed decision about how to prepare for, manage, or resolve issues with such an arrangement.

International Support Enforcement

For financial support orders, such as child support or alimony, the Uniform Interstate Family Support Act (UIFSA) guides which state controls, holds hearings, and makes decisions regarding the case. While the state of the court which first issued the order retains jurisdiction, enforcement is an “away game” and depends on the location of the obligor (the person ordered to pay). If the obligor relocates and fails to meet their obligations, pursuing enforcement requires initiating an action in the state where the obligor lives.

This can require significant time and effort, but UIFSA makes the process clearer and more consistent across states. For instance, in some circumstances, if your co-parent owes you child support or alimony and lives in another state, UIFSA permits you to request your home state to obtain the cooperation of the state where the obligor lives to secure the support you are owed.

The Hague Convention also provides a legal framework for international cooperation in child support and alimony cases, focusing on simplifying procedures and expediting enforcement. Seeking relief requires filing an application with the central authority in your jurisdiction, which can also assist in locating a parent in a foreign country.

Additionally, countries have entered into other agreements to mutually recognize and enforce support orders, even outside the framework of the Hague Convention. Some countries with no international agreements may nevertheless enforce foreign support orders through domestic court procedures, but they often require preliminary validation of the foreign order, which impacts the time and effort necessary to obtain relief.

Why “Domestication” is Crucial

You cannot seek enforcement of an order from one state in another state unless the order is domesticated – legally validated – in the other state. This is true in interstate cases within the United States as well as in certain international cases. This process follows specific rules and procedures, including waiting periods to permit the other party to oppose validation of the order within the state.

Therefore, it is generally crucial to domesticate an order before issues develop. Waiting until a crisis arises to domesticate an order can delay critical enforcement actions.

The Cost of Inaction

Family law cases often involve complex jurisdictional issues, especially when parties relocate across states or countries. Navigating these issues requires the expertise of a highly experienced attorney to ensure that orders and agreements are properly enforced in a time-sensitive manner. Failing to address jurisdictional issues early can delay enforcement, increase financial stress, and impact parental rights. These circumstances warrant a proactive approach guided by an experienced family law attorney.