Inter-State / Inter-National Custody and Divorce
Both international law (through treaties and certain agreements between countries and states) and inter-state (between state) divorce, custody, child support and related matters generally look to the contacts that each party and/or the children have to each of the competing states or countries. The law helps to guide us as to where and under what circumstances, and even what restrictions the courts may have to determine the outcome of any particular case.
For example, both The Hague Convention and the Uniform Child Custody Jurisdiction and Enforcment Act look to the “home state” (or country) the child enjoys. The concept of “home state” is often established by how long the child is located in a particular state or country. Six months is usually the minimum duration but this time period can be affected by the circumstances of how and when a child is removed from a former jurisdiction, the intent of the parties, and other circumstances of the transfer.
Another example is that if a child is relocated to Illinois but a parent is left behind and that parent has not made any significant connections with Illinois, the Illininois courts may be able to establish or modify custody and visitation (parenting time and responsibilities) but my not be able to address the issue of child support.