Enforcing a U.S. Custody Order in Puerto Rico

Hypothetical question.
Say a non-custodial parent has the child for a week in their home in a US state, granted by a court order. What would happen if the non-custodial parent took said child to Puerto Rico during their parenting time, and never brought the child back?
What could the custodial parent, living in the states, do to get their child back?

As a US territory, Puerto Rico should recognize US court orders.

That is what im assuming, but im having a hard time finding any information on it.

According to an article I read, a prior court order is helpful. Also, since they have not ratified the Hague Convention, the court requiring a cash bond to defray legal expenses incurred in retrieving them, is not unreasonable.

There is no way the NCP would take my baby outside the home without a court order, I would not allow it.

What do you mean by the rest tho?

Hang on.

Which Daddy are we talking about? Your husband, or someone else?

Hypothetical question if said person was established as the non custodial parent.

The details matter.

You are of course free to hire an attorney to discuss the possibilities with you.

Quote:

---

Quoting Disagreeable

---

According to an article I read, a prior court order is helpful. Also, since they have not ratified the Hague Convention, the court requiring a cash bond to defray legal expenses incurred in retrieving them, is not unreasonable.

---

This makes no sense. Puerto Rico is a US territory. The US is a signatory to the Hague Convention. Federal law applies in Puerto Rico.

I thought the same until I looked for the specifics she requested. In cases where no custody order was in effect, the gov't of the territory was unsympathetic to the non resident parent. In cases where an order existed they were less than obliging in enforcing it and were open to accepting jurisdiction regardless.

Quote:

---

Quoting llworking

---

This makes no sense. Puerto Rico is a US territory. The US is a signatory to the Hague Convention. Federal law applies in Puerto Rico.

---

Quote:

---

Quoting Disagreeable

---

I thought the same until I looked for the specifics she requested. In cases where no custody order was in effect, the gov't of the territory was unsympathetic to the non resident parent. In cases where an order existed they were less than obliging in enforcing it and were open to accepting jurisdiction regardless.

---

There are states in the continental US who have done the same thing, in various scenarios. Why don't you provide some of the cases you read so that others can read them as well.

I contacted a couple lawyers in Puerto Rico and was told that yes, the Puerto Rican police should take action if such a thing (parental kidnapping) occurred. I am guessing the cases that Disagreeable and I found were against the norm.

Of course, if we had details it would be easier to answer.

Just boring stuff like "married, no court order" versus "unwed, no court order".

Dog- Non custodial parent, unwed, with a court order would be what I was looking for. But again this situation was hypothetical to begin with.

They were from commercial web sites. Did not want to link them and advertise for the companies.

Quote:

---

Quoting llworking

---

There are states in the continental US who have done the same thing, in various scenarios. Why don't you provide some of the cases you read so that others can read them as well.

---

Quote:

---

Quoting Sunflower2014

---

Dog- Non custodial parent, unwed, with a court order would be what I was looking for. But again this situation was hypothetical to begin with.

---

Then I can only offer the most relevant advice possible:

42.

Uh, ok. My question has already been resolved. Thanks.

Quote:

---

Quoting Sunflower2014

---

Say a non-custodial parent has the child for a week in their home in a US state, granted by a court order.

---

Quote:

---

Quoting Disagreeable

---

Also, since they have not ratified the Hague Convention, the court requiring a cash bond to defray legal expenses incurred in retrieving them, is not unreasonable.

---

As was pointed out, Puerto Rico falls under U.S. jurisdiction. The Hague Convention does apply to Puerto Rico, but is irrelevant as this is not a matter between a U.S. jurisdiction and a foreign jurisdiction.

Quote:

---

Quoting Disagreeable

---

I thought the same until I looked for the specifics she requested. In cases where no custody order was in effect....

---

Cases in which no custody order is in effect are irrelevant, as a custody order is in effect.

Quote:

---

Quoting Disagreeable

---

In cases where an order existed they were less than obliging in enforcing it and were open to accepting jurisdiction regardless.

---

Puerto Rico is bound by federal law to give full faith and credit to custody decisions from other U.S. jurisdictions, and a parent in Puerto Rico is subject to the federal Parental Kidnapping Prevention Act. While Puerto Rico's failure to pass the UCCJEA may result in the judicial wheels turning a bit more slowly, there's no reason to believe that a parent who has absconded with a child to Puerto Rico will prevent those wheels from turning, and such a parent could be at risk of state or federal parental kidnapping charges.