Family Law ·October 3, 2026 ·6 min read ·By the NewsFeed Editorial Team

A high-profile custody dispute involving a professional basketball player has put a spotlight on a rarely-discussed corner of family law: what happens when parents live in different countries and disagree about where their children should be.

According to reports, the athlete has filed what is commonly called a Hague Convention petition in connection with his two young daughters, who are reportedly in Slovenia with their mother. The filing is said to focus on access rights rather than a straightforward return order. Below, we unpack — in general terms — what cases like this involve and why family lawyers watch them closely.

What Happened

Media reports indicate that a Los Angeles-based NBA player has initiated a petition under the Hague Convention relating to his two daughters, ages 2 and 9 months, who are reportedly living in Slovenia with their mother, his former fiancée. According to those reports, the petition was filed in Slovenia and is framed around securing or organizing the father's rights of access to the children, rather than compelling an immediate return to the United States.

The parents are reportedly engaged in an ongoing custody dispute. The father has publicly stated through social media that he is pursuing joint custody and has described difficulty seeing his children over several months. None of the underlying allegations between the parents have been tested or resolved in court based on available reporting, and both parents retain the full presumption of good faith unless and until a court finds otherwise.

Why It Matters Legally

Cross-border custody disputes sit at the intersection of family law, international treaty law, and sometimes immigration law. The main treaty at issue — the Hague Convention on the Civil Aspects of International Child Abduction — was designed to discourage parents from moving children across borders to gain a tactical advantage in a custody fight. More than 100 countries, including the United States and Slovenia, are generally signatories.

Two kinds of relief are typically available under the treaty:

The reported filing in this situation is said to involve access rights. That is a meaningful distinction — it suggests the goal may be to secure structured time with the children rather than to argue that they were wrongfully taken.

Who Could Be Affected

Stories like this one resonate with a wider group of families than people may realize. People who could face similar legal questions generally include:

None of this means a parent in these situations has done anything wrong by living abroad. The treaty exists precisely because global families are common and need predictable rules.

How Cases Like This Generally Work

While every situation is different, cross-border custody matters involving the Hague Convention tend to follow a general arc:

1. Identifying habitual residence. Courts generally start by asking where the child was living on a settled basis before any disputed move. This can involve looking at school enrollment, medical care, language, and the length and purpose of stays in each country.

2. Determining what rights existed. The treaty generally protects "rights of custody" and "rights of access." A lawyer will typically examine court orders, local family law statutes, and even informal agreements between the parents.

3. Filing through a Central Authority. Each signatory country generally designates a government office — in the U.S., it is the State Department — that helps route petitions to the right court abroad. Private counsel often works alongside this process.

4. Local court review. The court in the country where the child is physically located generally decides the petition. That court is not supposed to make the long-term custody decision; its job is typically narrow — to decide the treaty question of return or access.

5. Possible defenses. Return petitions can generally be opposed on limited grounds, such as a grave risk of harm to the child, the child's own mature objection, or the passage of more than a year combined with the child being settled in the new environment.

6. Timelines. The treaty generally calls for prompt handling — often within about six weeks — though in practice, cases can take longer, especially when appeals are involved.

In parallel, a traditional custody case (addressing legal custody, physical custody, visitation schedules, and support) may continue in whichever country ultimately has jurisdiction. Those cases typically turn on the best interests of the child under local law.

What to Watch Next

For readers following this story — or similar cross-border family disputes — several developments are worth tracking:

It is also worth remembering that family court records in many jurisdictions are sealed or heavily restricted to protect children's privacy, so the public may only see a limited slice of what unfolds.

Frequently Asked Questions

What is the Hague Convention in a custody context?

It generally refers to an international treaty that provides procedures when a child is moved across borders in a way that may interfere with a parent's custody or access rights. It is designed to decide where a custody case should be heard, not who should ultimately have custody.

Does a Hague petition automatically mean a parent is accused of kidnapping?

No. The treaty uses the word "abduction," but in practice, these cases often involve parents who moved with children for family, work, or personal reasons. An access-focused petition in particular may simply seek structured visitation rather than alleging wrongdoing.

What is "habitual residence" and why does it matter?

Habitual residence generally refers to the country where a child has been living on a settled, ongoing basis. It is central to Hague cases because it typically determines which country's courts should handle the long-term custody decision.

How long do international custody cases usually take?

The treaty generally encourages prompt decisions, often targeting around six weeks for an initial ruling. In reality, timelines can stretch much longer when appeals, translation needs, or scheduling issues come into play.

Can a U.S. court order a child to be returned from another country?

Generally, a U.S. court cannot directly order officials in another country to act. Instead, a parent typically files a petition in the country where the child is located, and that country's courts apply the treaty under their own procedures.

What should a parent generally consider before relocating abroad with a child?

Parents are generally encouraged to review any existing custody orders, obtain written consent from the other parent when required, and consult a family lawyer familiar with international issues before moving. Unilateral relocation can create significant legal exposure.

Does the Hague Convention apply to unmarried parents?

It generally can. The treaty focuses on custody and access rights under the law of the child's habitual residence, which may arise from marriage, a court order, or statutes that recognize parental rights outside of marriage.

Where can parents in cross-border disputes typically get help?

In the United States, the State Department generally serves as the Central Authority for Hague cases and can provide procedural information. Many parents also work with family law attorneys who have experience coordinating with counsel abroad.

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Original reporting: nypost.com.

Disclaimer: This article is provided for general informational purposes only and discusses publicly reported news. NewsFeed is not a law firm and does not provide legal advice. Nothing in this post creates an attorney-client relationship or should be relied on as legal advice. If you believe you may have a legal claim, contact a licensed attorney in your jurisdiction.