Family Lawyer Explains How The Hague Convention “Right of Access” Allows Foreign Parents to Seek Custody in Pennsylvania State Court
The Hague Convention is an international treaty that many countries, including the United States, are party to. The primary purpose of the Hague Convention is to protect children from international abduction by one parent by enabling the courts to ensure the prompt return of the child to their country of habitual residence.
Main Line Family Law Attorney Explains that Children May Now Have Standing to Enforce Their Parents’ Marital Settlement Agreements
In the recent case of Weber v. Weber, No. 1312 WDA 2016, the Pennsylvania Superior Court found that a father and mother’s college-aged son was permitted to bring suit to enforce his parents’ settlement agreement that required them to share equally in the reasonable cost of his college education.
Marital settlement agreements between parents often contain payment provisions that affect the children. However, the Pennsylvania Supreme Court has explicitly refused to allow children to sue their parents to enforce child support provisions of the parents’ marital settlement agreement. In doing so, the Supreme Court has relied on a on a public policy rationale, stating that this would open a “Pandora’s Box,” where every child of divorced parents whose settlement agreement contained a provision for child support would bring suit against their parents.
In Weber, however, the Superior found that a child may be permitted to bring suit against his/her parents to enforce[...]