Stephen J. Buhler, Attorney at Law

Divorced mother fights attempt to extradite children

Every nation has its own laws and methods of dealing with marriages that break down as well as those that dissolve and children are a product of that marriage. In the United States, that section of law is coined family law and involves everything from divorce to adoption. When dealing with the laws of other nations, U.S. courts must refer to treaties and other court cases to determine the legal relationship between the nations.

A Utah mother is fighting to keep herself and her kids in the United States. The woman was married to a Mexican native. She was granted a divorce in Mexico after leaving her ex-husband for allegedly abusing her and their two children. Although she was granted custody of her two children, her husband was able to obtain a court order to extradite the woman and her children back Mexico. The woman and her children have dual citizenship and are U.S. citizens. A battle over the extradition will take place in Utah's federal court.

The overarching standard for any family law case involving children can be summed up as what is in the child's best interest. Even though the woman was granted custody of the children in Mexico, she may have been legally prohibited from removing the children outside of the country. When there is a dispute over children fought across national borders, family law cases become ones of federal law and treaties.

When treaties and political motivations become involved a child's best interest may get overlooked when coming to a final determination. Any divorce or child custody battle can be complicated and taxing on the divorcing or divorced couple. Those complexities can be heightened when those problems extend across the borders of nations. In order to protect the rights of the individuals and children involved in the dispute, seeking the advice of a professional is important.


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