Domesticating a Foreign Child Custody Order

When a custodial parent relocates to the United States and has a child custody order from a foreign jurisdiction, in order for it to be enforceable in the U.S. it must be registered with the local jurisdiction.

For example, if a Spanish court orders that a father is to have primary physical custody of his son, and he then relocates to Los Angeles that court order needs to be filed with the Los Angeles Superior Court, either in the Central District downtown, or in the appropriate branch district such as West District which covers Santa Monica to Malibu and south to El Segundo and as far east as Beverly Hills.

The process for domesticating a foreign court order is rather simple, we need to have certified copies, and if necessary they need to be translated into english. We then need to have a case opened in the appropriate court and serve a copy on the opposing party and their counsel. After a short period of time, usually 20 days, which gives the opposing party time to object to the order on whatever grounds they have deem appropriate, the court will make the foreign order an order effective for all purposes in California.

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