What Happens If a Parent Refuses to Return Your Child After an International Visit?
If you are a California parent facing an international custody dispute, especially after a co-parent refuses to return your child from overseas, you're not alone. These cases raise urgent legal concerns about child abduction, compliance with custody orders, and whether future visits abroad are safe for your child.
California courts have strong tools to prevent international child abduction and protect a child’s right to stability and safety.
State Level: California Family Code Section 3048 - Protecting Children from Abduction
California Family Code § 3048 empowers courts to issue child abduction prevention orders if there is a demonstrated risk of abduction by the other parent. If a parent:
Previously violated custody orders (this includes withholding the child or taking the child without your consent during your parenting time)
Threatened to keep a child abroad,
Failed to return the child from a trip,
Lacks strong ties to the state
Has cultural, familial or emotional ties to another state or country, including citizenship.
Has started planning activities to facilitate a move, such as quitting a job, selling assets, or applying for a passport.
…the court can restrict international travel, require supervised visitation, or deny international travel altogether.
Related: Should I Allow the Other Parent to Travel Internationally With My Child? (Visit this blog to see what factors to consider and what tools the Court has to prevent international abduction before it happens).
International Level: The Hague Convention on the Civil Aspects of International Child Abduction
This treaty, implemented under 42 U.S.C. § 11601, creates an international legal mechanism to return children who are wrongfully taken or retained across borders. However, the system is only effective if the country in question:
Is a signatory to the Convention
Complies with its enforcement obligations
Not all countries do. It is imperative you speak with your attorney to ensure the country in question is a signatory to the Convention. This is why California courts must proceed with caution before allowing international travel, especially if a parent has a history of defiance or if the destination country is known for weak compliance.
What Should You Do if You're Concerned About International Abduction?
Now that you know the legal protections in place, it is imperative you contact your attorney to discuss the next steps. The court cannot make orders unless a parent brings the issue to the Court’s attention. In most cases, your attorney will assist you in seeking emergency relief for the return of your child utilizing the powerful tools of the Hague Convention and the Family Code.
To best prepare for this dispute, take the following immediate action for an effective meeting with your attorney at Livingstone Law:
Gather documents of the child and other parent’s flight itinerary
Gather copies of any existing court orders for the parenting plan
Compile all communications between you and the other parent regarding their refusal to return the child.
Notify your attorney of any immediate safety concerns related to your child.
If your co-parent is requesting international visitation but has a history of noncompliance, you have legal options:
Request a child abduction prevention order under Family Code § 3048
Oppose the visitation request using Family Code 3011 best interest factors
File a motion to restrict international travel
Consult an experienced California family law attorney
Speak With a San Diego Child Custody Lawyer Today
Child custody disputes involving international travel and potential abduction are legally complex—and emotionally devastating. At Livingstone Law, we help parents navigate custody issues with a strong focus on protecting children and enforcing California court orders.
Contact your experienced Livingstone Law attorneys today at livingstonelawsd.com or 619-630-2165 to discuss your custody case, abduction concerns, and how to secure a protective custody order before it’s too late.
