Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
Navigating international family law can be complex, especially when it involves enforcing custody and visitation orders across borders. For U.S. parents seeking to enforce such orders in Colombia, understanding the legal framework, procedural steps, and practical considerations is essential to ensure the child’s best interests are upheld and parental rights are protected. Here at RADA LAW FIRM we have 20 years experience dealing with Enforcement of U.S. Custody and Visitation Orders in Colombia.
Colombia is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction (1980), which facilitates the return of wrongful removals or retention of children across member countries, including Colombia and the United States. However, enforcement of custody and visitation orders issued in the U.S. is primarily governed by Colombia’s civil procedure laws and international treaties.
In addition to the Hague Convention, Colombia’s domestic laws and international agreements provide mechanisms for recognizing and enforcing foreign custody and visitation orders. The Colombian Family Code and the Civil Procedure Code set out procedures for the recognition of foreign judgments and orders related to child custody.
Steps to Enforce U.S. Custody and Visitation Orders in Colombia
- Legal Recognition of the Foreign Order
To enforce a U.S. custody or visitation order in Colombia, the order must first be recognized by Colombian courts. This typically involves filing a petition in a Colombian family court, - Application for International Recognition
Colombia has provisions for recognizing foreign judgments and orders. The court will assess whether the order complies with Colombian legal standards, including considerations of the child’s best interests, and whether the order was obtained legally and fairly. - Hague Convention Procedures
If the issue involves wrongful removal or retention of a child, the Hague Convention provides a streamlined process for seeking the child’s return to the country of habitual residence (the U.S., in this case). Colombia is a party to the Hague Convention, and U.S. parents can file a petition with Colombian courts or authorities to request the return of the child, asserting that the removal was wrongful under the Convention. - Enforcement of Custody and Visitation Rights
Once recognized or if the Hague procedures are not applicable, the U.S. parent can seek enforcement through Colombian courts. The court may issue orders to ensure compliance with visitation rights or custody arrangements, and can impose legal consequences for violations.
Colombian courts generally recognize and enforce foreign custody and visitation orders, especially those consistent with Colombian law and international treaties. However, enforcement may require a Colombian legal procedure, and foreign orders might need to be registered or recognized through judicial processes.
This is a complicated international family issue, please contact us for further information.
Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
