Interstate and International Custody Issues

//Interstate and International Custody Issues

NO PASSPORT IF YOU OWE CHILD SUPPORT OF AT LEAST $5,000

The government is ordered to deny the passport application of a person who owes child support of at least $5,000. Eunique's marriage was dissolved in California. Her husband was awarded custody of the children. She was ordered to pay child support. She failed to pay the ordered amounts. She became in arrears for more than [...]

USING PARENTAL KIDNAPPING AS YOUR DEFENSE MAY NOT BE A GOOD IDEA

  Mother was found guilty of parental kidnapping.   She was sentenced to two years in prison. The mother and father were in state trial court in a custody lawsuit.  It was the eve of the trial court’s decision. Mother believed that the trial court would award father full custody of their child.   She took the [...]

REMEMBER THAT CONTRACT THAT YOU SIGNED………..?

The parties lived in Illinois. They moved to Canada. The parties and their children traveled from Ontario to Lake Forest, Illinois. They had purchased tickets for all of them to return to Canada. However, while in Lake County, Wife told Husband that she and the two children would not return to Canada.  She filed for [...]

DAD, YOU CAN’T MOVE AND TAKE THE KIDS

Parents get divorced.  Then, Father filed a petition for leave to relocate with the parties' 2 minor children.  He wanted to move from Illinois to Virginia.  The court allowed Father to move with the two children.  Mother appealed. Some additional detail from the divorce decree now.  Mother had joint parental decision-making responsibilities. On every major [...]

SHOULD THE COURT LET A PARENT MOVE AWAY WITH THE CHILD?

Mother filed a Motion to relocate parties’ minor daughter, age 7, to North Carolina.   Mother had begun working at a university In North Carolina. The Trial Court granted the motion and Father appealed.  He argued that the evidence was against the move. The Appellate Court agreed with the Trial Court.  It said that the Trial [...]

SLEEP IN THE BED YOU MADE

The trial court found Poland to be the minor child’s habitual residence.  It ordered the child returned.  The mother spent three years avoiding court appearances.  She had three body attachments issued for her arrest.  Then she spent time in jail for her failure to return the child to Poland. The mother then filed a motion [...]

PROMPT RETURN OF CHILD WRONGFULLY TAKEN BY ONE PARENT

The child had been born in Poland.  She traveled with her mother to the United States on several occasions with the father’s consent. The final time that the mother traveled to the United States with the child, however, the father did not consent to it. The father then filed a petition for dissolution of marriage [...]

TRIAL COURT HEARING WAS INADEQUATE

Father and Mother had lived in Canada with their child.  Mother is a US citizen. She removed the child to the US after a domestic dispute with Father.  Father had started divorce proceedings in Canada.  He filed a Petition under the International Child Abduction Act against Mother taking the child from Canada. The Canadian court [...]

COURT DECISION SPLIT ABOUT MOTHER REMOVING CHILD

  Mother and Father divorce.   Mother is granted sole custody of their minor daughter. Father is awarded parenting time.  Two evenings during the week, every other weekend, and alternate holidays. Mother filed a petition to remove the child to the State of Virginia.  She had been offered a job with the U.S. State Department.  This [...]

REMOVAL CASES ARE NEVER SLAM DUNKS

Mother filed a Petition for Removal with the children to live in New Jersey. Her annual salary would increase to $475,000.00. The court noted that the home in which Mother and the children would live in New Jersey would be very similar to their home in Illinois. Mother’s commute would be very similar. The court noted [...]