U.S. : enforcement of a return order

by | Jun 1, 2022

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 agencie.

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.