Crossing Borders, Crossing Lines: International Child Abduction and the Hague Convention | Lawyers Without Billboards S2-Ep17 episode artwork

EPISODE · Apr 23, 2026 · 41 MIN

Crossing Borders, Crossing Lines: International Child Abduction and the Hague Convention | Lawyers Without Billboards S2-Ep17

from Lawyers Without Billboards · host Shewmaker & Lewis

Crossing borders can change everything—especially in family law.In this episode, we dive into the Hague Convention on the Civil Aspects of International Child Abduction, a treaty that governs what happens when a child is taken from one country to another by a parent.We break down how these cases actually work, including: What “habitual residence” means and why it matters  The legal process for returning a child to another country  The key defenses that can stop a return—even when removal was wrongful  Why these cases are not custody battles, despite how they feel You’ll also hear real-world examples, strategic considerations for attorneys, and why timing can make or break a case.If you think custody law is complicated, wait until it crosses borders.⏱️ Chapters 00:00 – Intro: International Law Meets Family Law 01:10 – What Is the Hague Convention? 02:30 – Real-World Example of International Child Abduction 04:00 – “Habitual Residence” Explained 05:10 – Where Attorneys Get Involved 06:15 – How Common Are These Cases? 07:30 – Why Some Children Are Never Returned 09:00 – Building a Case: Legal Standards 12:00 – The Burden Shifts: Defenses Begin 12:30 – The One-Year “Well-Settled” Rule 15:15 – Mature Child Objection 17:30 – Human Rights & Rare Defenses 19:30 – Grave Risk of Harm Standard 23:00 – Why “Best Interest of the Child” Doesn’t Apply 24:30 – Federal vs. State Court Strategy 27:00 – When the Law and the “Right Outcome” Clash 31:00 – Timing Matters: Why These Cases Move Fast 32:00 – Preventing International Child Abduction 34:00 – Game Time (Because… of course) 🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards.🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis 🎧 Watch here: https://youtu.be/Zdcx5lIcvGI or listen on Spotify, Apple Podcasts, Google Podcasts, and more.📩 Contact: [email protected]| (770) 939-1939🌐 Website: https://www.shewmakerandlewis.com🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards🎼 Music by Ben Hernandez – Dragonsong Productions🎥 Produced by: Bleeding Edge, Inc.🎬 Audio & Video Production: Rob Burgner📍 Recorded at: Shewmaker & Lewis, Atlanta, GA

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Crossing borders can change everything—especially in family law. In this episode, we dive into the Hague Convention on the Civil Aspects of International Child Abduction, a treaty that governs what happens when a child is taken from one country to another by a parent. We break down how these cases actually work, including: What “habitual residence” means and why it matters The legal process for returning a child to another country The key defenses that can stop a r...

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Crossing Borders, Crossing Lines: International Child Abduction and the Hague Convention | Lawyers Without Billboards S2-Ep17

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