Restrictions in Arizona on Taking Children to Another Country
There may be instances where the court needs to rule on parenting time and one of the parents lives in a country that has not adopted the Hague Convention. This is what the Court of Appeals had to consider in its published decision in Lehn v. Al-Thanayyan, —P.3d—, Ariz.App. (2019).
Father was a citizen of Kuwait and Mother a citizen of the United States. They married in Arizona in 2006 and shortly after, moved to Kuwait, where they lived for five years. In 2011, Mother and the children moved to Arizona. Father traveled to Arizona several times a year and Mother and the children spent one month in Kuwait each summer.
In their dissolution proceeding Mother requested that Father’s parenting time occur in Arizona due to fear of him not returning the children from Kuwait to the United States. Additionally, Mother requested that Father be ordered to surrender his passport before exercising parenting time in the United States.
She was concerned that since Kuwait was not a signatory to the Hague Convention, she would have little recourse if he took the children with him to Kuwait.
Court Ordered Bond to Secure Children’s Travel to Another Country
The trial court ordered that Father exercise his parenting time in Arizona unless Mother agreed in writing. Additionally, in order to exercise his parenting time in Kuwait, he would first need to post a $2.5 million cash bond per child to ensure their safe return. Father appealed.
The Court of Appeals found that Father had legitimate ties to Kuwait and lacked significant ties to Arizona. Since Kuwait had not adopted the Hague Convention, Mother’s only way of returning the children to the United States from Kuwait would be under Kuwaiti law.
Since Mother would need Father’s written permission to leave Kuwait with the children, Mother would have little recourse available if Father decided not to return the children.
The Court of Appeals further held that the $2.5 million cash bond per child was appropriate. Father argued that the bond was excessive and did not accurately reflect any anticipated costs that Mother could incur in litigating a return of the children from Kuwait.
The Court of Appeals ruled, however, that the purpose of the bond was not to compensate Mother for the costs of any litigation but to act as a deterrent to the abduction of the children in the first place. Since Mother provided evidence of Father’s undisclosed business interests and Father failed to disclose his relevant financial records, the trial court was within its discretion in setting the substantial amount of the bond.
More Articles About Child Custody in Arizona
- Access to a Child’s Medical Records in Arizona
- Adoption Attorneys in Arizona
- Required Affidavit in a Child Custody Case in Arizona
- Are Mothers Favored Custody Battles in Arizona
- Arizona Child Custody Attorneys
- Arizona Child Custody Statutes
- Arizona Uniform Child Custody Jurisdiction and Enforcement Act Statutes
- Changing a Child’s Last Name in Arizona
- Changing Child Custody in Arizona
- Child Custody and Child Support in Arizona
- Child Custody In Arizona
- Child Custody Laws in Arizona
- Child Custody Rights in Arizona
- Co-Parenting After Divorce in Arizona
- Custody of a Child to Grandparent in Arizona
- Delegation of Custody Decisions in Arizona
- Divorce and Grandparents Visitation in Arizona
- Effective Co-Parenting in Arizona
- Emergency Child Custody in Arizona
- Emergency Child Custody Orders in Arizona
- Enforce Parenting Time or Custody in Arizona
- Enforce Visitation Non-Custodial Parent in Arizona
- Grandparent’s Rights in Arizona
- How is Child Custody Determined in Arizona
- How to Change a Child’s Last Name in Arizona
- How to Enforce Parenting Time in Arizona
- How to Get Sole Custody in Arizona
- How to Modify Child Custody in Arizona
- How to Modify Visitation in Arizona
- Joint Custody and School Decisions in Arizona
- Joint Custody vs Sole Custody Arizona
- Joint Legal Custody or Joint Decision Making in Arizona
- Modifying Visitation With a Child in Arizona
- Moving Children Many Times in Arizona
- Order of Protection and Child Custody in Arizona
- Parent Information Program Class in Arizona
- Parent Move Out of State With A Child From Arizona
- Parental Alienation in Arizona
- Prepare for Child Custody Evaluation in Arizona
- Presumption of Equal Parenting Time in Arizona
- Sole Legal Custody or Sole Decision Making in Arizona
- Sole or Joint Custody in Arizona
- Temporary Child Custody in Arizona
- Uniform Child Custody Jurisdiction and Enforcement Act in Arizona
- What Are the Child Custody Factors in Arizona
- What Determines Child Custody in Arizona
- What is a Child Custody Evaluation in Arizona
- What is a Parenting Coordinator in an Arizona Child Custody Case
- What Is Domestic Violence in Arizona
- What Types of Child Custody Are There in Arizona
- What Visitation or Parenting Time Schedules do Judges Order in Arizona
- Who Has Custody of Children When a Divorce is Filed in Arizona
- Who Is the Best Child Custody Lawyer in Arizona
- Withholding Child From Custodial Parent in Arizona
- Contesting Relocation of a Child When You Do Not Live in Arizona