Protecting Your Children: Preventing International Parental Abduction

Strategic Counsel from the Law Offices of Norka M. Schell, LLC

In a high-conflict divorce involving a foreign national, the fear that a spouse may take your children out of the country without your consent is a heavy burden. International parental abduction is a complex legal crisis that is far easier to prevent than it is to resolve.

If you suspect your spouse is preparing to relocate your children abroad, immediate legal intervention is critical. Attorney Norka M. Schell specializes in securing emergency preventive measures to ensure your children stay within the jurisdiction of the court and under the protection of U.S. law.

Identifying the Red Flags

Before petitioning the court, it is important to recognize the warning signs of a potential international abduction:

• Sudden interest in renewing or applying for a child’s foreign passport.
• Liquidation of domestic assets or closing of local bank accounts.
• Quitting a job or terminating a lease unexpectedly.
• A history of threats to “take the kids home” or “you’ll never see them again.”

Emergency Preventive Measures

The Law Offices of Norka M. Schell, LLC can petition the court for immediate orders to restrict your child’s movement. Our strategy often includes a combination of the following:

1. Passport Seizure and Restrictions

One of the most effective ways to prevent international travel is to control the travel documents. We can request that the court:

• Order the immediate surrender of the child’s U.S. and foreign passports to the court or your attorney.
• Prohibit either parent from applying for new or replacement travel documents without a specific court order.
• Enroll the child in the Children’s Passport Issuance Alert Program (CPIAP), which notifies you if a passport application is submitted in the child’s name.

2. Implementation of Mirror Orders

If travel is eventually permitted for visitation, we advocate for Mirror Orders. This requires your spouse to obtain an identical custody order in the foreign country’s court system before the child leaves the U.S. This ensures that the foreign country recognizes your custody rights and the requirement for the child to return, providing a legal safety net abroad.

3. Port Alerts and Prevent Abduction Programs

For families at high risk, we coordinate with federal authorities to initiate Port Alerts. This involves notifying the Department of Homeland Security and the “Prevent Abduction Program” managed by U.S. Customs and Border Protection. These alerts can flag a child’s name in the departure database, potentially stopping an unauthorized boarding at the airport.

The Power of the “Prevent Abduction” Order

In many jurisdictions, we can seek a formal Prevent Abduction Order under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This order can include specific “prohibitory” clauses, such as:

• Prohibiting the child from being taken to a country that is not a signatory of the Hague Convention.
• Requiring a “performance bond” (a significant financial sum) to be held in escrow, which is forfeited if the child is not returned on time.
• Defining “Wrongful Removal” clearly to trigger immediate international treaty protections if a violation occurs.

Why Speed is Your Best Defense

In international family law, a few hours can be the difference between a child remaining safe at home or being moved across an ocean. SAttorney Norka M. Schell provides the rapid, decisive advocacy needed to block unauthorized travel and keep your family intact.

Protect Your Children Today

If you are concerned about your spouse’s intentions, do not wait for a crisis to occur. Contact the Law Offices of Norka M. Schell, LLC at (212)258-0713 today to discuss a preventative legal strategy.