International Family Law & Hague Convention Attorney in Manhattan
Manhattan is one of the most internationally connected cities in the world — and its residents reflect that diversity. When family law disputes cross international borders, the legal complexity multiplies exponentially. Jurisdiction, choice of law, cross-border enforcement, international child abduction, and foreign asset division all require specialized knowledge that goes well beyond standard New York family law. Steven J. Mandel at Warshaw Burstein, LLP, provides sophisticated international family law representation to Manhattan clients navigating these high-stakes cross-border matters.
International Divorce in Manhattan
When one or both spouses have connections to other countries — through citizenship, residence, or asset ownership — a Manhattan divorce can quickly become a complex international legal matter. Key questions include which country’s courts have jurisdiction, which country’s laws apply to property division and support, how foreign assets will be identified and valued, and how a New York divorce decree will be recognized and enforced abroad.
Steven J. Mandel has experience managing international divorce cases involving assets in Europe, the Middle East, Asia, Latin America, and elsewhere. He coordinates with international counsel as needed and brings a strategic global perspective to complex cross-border cases.
Hague Convention Child Abduction Cases
The Hague Convention on the Civil Aspects of International Child Abduction provides a treaty-based mechanism for the prompt return of children wrongfully removed from their country of habitual residence. If your child has been taken abroad — or retained abroad beyond an agreed return date — by the other parent, the Hague Convention may provide the fastest path to reunion.
- Filing a return application through the U.S. Central Authority (Department of State)
- Emergency orders in foreign courts to prevent further movement of the child
- Coordination with international counsel in the country where the child is located
- Defenses available to the taking parent — grave risk of harm, well-settled child, consent
- Enforcement of return orders in foreign jurisdictions
Preventing International Abduction: Proactive Measures
If you have concerns that your co-parent may attempt to take your child abroad without consent, proactive legal measures can provide protection. New York courts can issue orders restricting international travel, requiring surrender of passports, and placing a child’s name on the Children’s Passport Issuance Alert Program. Steven J. Mandel advises parents on the full range of preventive measures available and acts quickly when the risk of abduction is real.
Foreign Custody Orders and New York Recognition
When a foreign court has issued a custody order involving a child who now lives in New York, questions arise about whether and how that order will be recognized and enforced here. New York courts will recognize foreign custody orders that were issued with proper jurisdiction and do not violate New York public policy — but will not enforce orders obtained through fraud, without proper notice, or in violation of the child’s basic rights.
For international family law matters in Manhattan, call (646) 770-3868 for an immediate consultation.
Frequently Asked Questions: International Family Law & Hague Convention Attorney in Manhattan
Q1: What is the Hague Convention on International Child Abduction?
The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty that provides a legal mechanism for the swift return of children who have been wrongfully removed from their country of habitual residence or wrongfully retained in another country. The United States and most major countries are signatories. If your child has been taken to or retained in a Hague Convention country, you may be able to file a petition for their return through the U.S. Department of State and the courts of the country where the child is located.
Q2: Can I get a divorce in New York if my spouse lives in another country?
Yes, in many circumstances. New York courts can assert jurisdiction over a divorce if one of the spouses meets New York’s residency requirements — generally residing in New York for at least one year before filing, or under certain other qualifying conditions. Serving a spouse located abroad requires compliance with international service of process rules. An experienced international family law attorney can navigate the jurisdictional and procedural complexities involved.
Q3: How is marital property divided in an international Manhattan divorce?
International divorces raise complex questions about which country’s laws govern the division of property, particularly when assets are held in multiple jurisdictions. New York courts generally apply New York law to marital property, but foreign assets may require separate proceedings or enforcement in the relevant jurisdiction. Identifying, valuing, and reaching assets in foreign countries often requires collaboration with counsel in those jurisdictions.
Q4: What can I do if a foreign court has issued a custody order that conflicts with my New York order?
Conflicting international custody orders are one of the most complex problems in family law. Whether a foreign order will be recognized in New York depends on whether the foreign court had appropriate jurisdiction and whether recognition would be contrary to New York public policy. A New York court can decline to recognize a foreign custody order that was obtained without proper notice or that conflicts with the child’s best interests. Immediate legal counsel is essential in these situations.
Q5: How do I enforce a New York custody order if my co-parent has taken the child abroad?
If your child has been taken to a Hague Convention country, you can file a return petition through the Central Authority of that country, seeking the child’s return to New York. If the country is not a Hague signatory, enforcement is significantly more difficult and may require direct engagement with that country’s courts. Steven J. Mandel has experience in international custody enforcement and works with a network of international family law attorneys to pursue every available avenue.
