BY: Kenneth Pangborn
Trial Consultant - Child Custody

In addition to other areas of interest, I am regarded by some people as somewhat of an expert of the issue of international child custody disputes. Namely the procedures for enforcing child custody decrees across national borders. Americans who rely on the State Department for assistance will be sadly disappointed. Often the lawyer referral of State is poor. Other nations help even less.

Enforcing your custody decree in another country is a delicate, time consuming and often frustrating process. But it starts with getting your foundational paperwork done here in the United States correctly. Or in your country if you want to enforce your decree in the United States.

You will find that many countries confer primary nationality on children based on a parent being a national from that country. You have to have all your materials in order if you want enforcement under the Hague Convention. And you need to understand the time limits many nations impose on you. And you need to understand that in some countries, if the other parent had your permission for visitation, they may refuse to honor your demand for custody and subject you to a custody trial there.

You will soon learn that as a parent appearing on your own you are likely to be met with great resistance in obtaining enforcement of your decree and actual possession of your children. One way of overcoming that resistance is by using my services in a court appointed capacity. A process I would be happy to explain in greater detail. I'll be seen as much more objective and trustworthy than you by the foreign court.

This is not to suggest that I can guarantee anything. In the best of circumstances there is always an element of luck in foreign enforcement actions. While I don't succeed in 100% of the cases I work on, I succeed in more than twice as many as people do going on their own! Usually when I miss it is because of something I wasn't aware of. Such as in one case in Germany. I kept getting beat up in several hearings by the German court and I was bewildered. Until a month after my final trip when the paternal grandmother finally mentioned that the maternal grandfather is Chief of Police in that region's largest city and best friends with the chief judge of the district. Also the father's conduct while in Germany was less than ideal.

When you go to another country, even a western country like Germany, you cannot assume your behavior isn't being noted in the back channel. Smoking marijuana isn't a cool idea. It is wise to be on your best behavior.

Some people object to the steps that must be followed because they are time consuming. Be prepared for a long stay. We need to have all our political support in place and ready should we need it. This means meeting all the people at the embassy to obtain their influence with local officials, and some clues as to protocol. This means meeting more than one or two people past Citizens Consular Services. We need to know where our resistance is likely to come from. And to make sure we can overcome it.

This being said as minor background, let me cover some other areas you need to know. We need to prepare before we leave the U.S. If you are in another country I need to come there. If you don't speak the language well, we'll need a translator. And there are some countries I don't work in. I don't work in many Arab countries for example, and I avoid parts of Central and South America. In short I don't do countries with active combat zones. Nor will I participate in any criminal activity. There are soldier of fortune types involved in this process. I will NOT participate in any action that risks my arrest or threatens harm to a child! My rates are quoted on an individual basis. In some cases I quote a flat fee for a limited number of days plus expenses. All fees are payable at least 4 working days prior to my departure in negotiable funds. (No personal checks.)

Please let me help you before you've made a mess of things!