On December 24, 2009, David Goldman was reunited with his son Sean after a bitter five-year custody battle with his ex-wife, Bruna Bianchi. Though ultimately successful, Goldman's case illustrates some of the difficulties parents in the United States face when involved in cross-border custody disputes.

The Goldman family was living in New Jersey when Bianchi took Sean to her native Brazil for what was supposed to be a two-week vacation. Instead, Bianchi filed for divorce upon her arrival and received an order from a Brazilian court granting her sole custody of Sean. Goldman soon sought and received an order granting him sole custody from a New Jersey court, thus setting the stage for a legal battle that would draw extensive media coverage and attention from political circles, including President Barack Obama and Secretary of State Hillary Rodham Clinton.

At issue in the Goldman case was the application of the Hague Convention on the Civil Aspects of International Child Abduction, which provides a method for the expeditious return of children taken from one member nation to another. Both the United States and Brazil signed and ratified the Convention, which allows a child's "habitual residence" - usually the country where the child lived prior to abduction - to decide matters of child custody. Most importantly, the Convention provides for the swift return of the child to his or her country of habitual residence when a parent submits a proper petition under the treaty.

U.S. courts consider a number of factors when determining whether a parent has a claim under the Convention. For example, the U.S. must be a contracting partner with the country where the child was taken and the abduction must have taken place after the treaty with the country took effect. The Convention also contains several important exceptions that may, if applicable, prevent a child from returning to his or her habitual residence.

The law surrounding the Hague Convention on the Civil Aspects of International Child Abduction is complex. Having experienced legal counsel who understands both the subtleties of international law and the difficulties presented by child custody cases may well be the deciding factor in submitting a successful petition. If you or someone you love would like more information about the Convention or international child custody disputes, contact an experienced family law attorney today.