U.S. : enforcement of a return order
In the U.S., the judge may include in the decision provisions on how the decision is to be enforced. For example, the judge may order the abducting parent to return the child to the country of the child’s habitual residence and turn the child over there to the parent left behind or to a government agency.
However, the court may also issue a “pick-up order,” which means that a law enforcement entity is instructed to pick up the child from a specific location, such as the school or home and escort the child and turn him or her over to the left-behind parent or to a government agency.
In the U.S., there is also the possibility of holding parents who do not cooperate with the enforcement of the court order in contempt of court. This gives the judge the ability to impose a fine or even incarceration until the judgment is properly enforced.
You can discuss with your attorney what facts and circumstances you can bring forward to convince the court that there are grounds to employ these means to ensure proper enforcement. And of couse you need to discuss what enforcement measurements are in the best interest of the children.
Read more about International Child Abduction
Read more about child relocation and child abduction in the U.S.:
- United States of America – California
- United States of America – New York
- United States of America – Washington
- United States of America – South Carolina
Visit the U.S. Government website about child abduction
Read more about the enforcement of a return order in other countries:
Choose your country
All blogs from The Author:
- Family Law Watch List (Airport Watch List) – Australia
- 11 Red flags for parental child abduction
- Golan v. Saada
- 12 months of suspended prison sentence
- The interests of children in the Divorce Act
- Temporary, but not
- No return during pending asylum application
- How not to involve the children
- No grave risk exception
- Article 15 Determination
- Return to Madrid ? No, to Spain.
- Habitual residence in appeal court
- Intolerable situation
- U.S. : Protective measures
- Rights of custody
- Compensation of court costs
- Enforcement: 10 days of coercive detention
- Monasky v. Taglieri
- Mediation in Germany
- Permission to move not required
- Habitual residence
- Guides to Good Practice
- Mother had sole custody, but must return the child
- Chafin v. Chafin
- Grave risk, no return