Legal Question in Family Law in Greece
Visitation rights when father lives in Greece
My ex-husband and I got married, had our daughter and got divorced in Greece almost 10 years ago. I have custidy of my daughter. We moved to NJ 4.5 years ago. Father did not request to see his daughter nor was he paying alimony for many years. Father filed for updated visitation rights in the greek court last summer (when all of a sudden he started caring again). He started paying allimony at this time (of 150 Euros per month which is minimaland is what our private agreement said 10 years ago). He did not serve me properly based on Greek law and I did not appear in court. The decision says that for the month of August he picks up our daughter from my home in NJ and takes her to Greece on his expenses and returns her a month later to NJ. My daughter has not seen her father for many years and is afraid to go (plus other problems). The father notified me of the court decision via telegram that he signed on the 20th of July. Based on the decision he is asking me to tell him in writing where to pick up his daughter from on the 1st of August: Greece or the USA. Am I obliged to reply? Do I have to let my daughter fly to Greece if he shows up on the specified by the court day and time?
2 Answers from Attorneys
Re: Visitation rights when father lives in Greece
You have an intriguing problem. You might hire a
Greek attorney to vacate the visitation order. If you fail to comply with the order and do not attack the order the father could seek to compel
your compliance under the Hague Convention by filing in the federal district court for New Jersey. In federal district court you could raise certain defenses which I have to refresh myself on, but I remember that one defense has to do with the negative impact upon the child which the visitation would cause.
I have thorough research the issues for a case I handled two years ago and would have to get that
file out of storage to refresh myself.
I have some question about your obligation to obey an order which has not been served upon you.
You might give me a call.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
Re: Visitation rights when father lives in Greece
Please speak to an attorney before you let your daughter leave the United States. You may have huge, huge problems depending on what this 'gentelman' decides he wants to do. Do you want to end up in a Court in Greece fighting an attempt by him to gain custody? Do you want him to keep her in Greece past that one month, and then have to go to Greece to get her back?
You have to consider these possibilities, along with several other issues, before doing anything.
You and your daughter are protected by the laws of the United States and the State of New Jersey. Please call me if I can assist in explaining these rights, and guiding your choices. 973-890-0400.
Bob Davies, Attorney At Law
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