When a child custody dispute arises in the United States of America that has an international element, there is always a question for the moving party to decide whether they want to proceed under the Uniform Child Custody Jurisdiction and Enforcement Act or whether they should proceed under the Hague Convention on the Civil Aspects of International Child Abduction.

There are different remedies and tools available under each, and depending on which side of the child custody dispute a party is on, and what they want to accomplish choosing to move forward with a petition for either access or custody, under either the UCCJEA or the Hague Convention on the Civil Aspects of International Child Abduction can make all the difference in the world.

The UCCJEA has stronger enforcement mechanisms if a pre-exisiting child custody ruling has been made, and the Hague Convention on the Civil Aspects of International Child Abduction has provisions that may be more advantageous if a party is trying to avoid a return to a foreign country.