Legal Question in Family Law in New Jersey
International custody rights
I'm married to a man that has 8 year old child but she lives out of the country. She was born in the USA, mother took her out the country when she was a baby, I have been involved with he hubby for 5 years. This past year was the first time mother allowed us to have child (only 2 weeks)out of whole year. Father afraid to put foot down because afraid mom might take off with child again. Father real frustrated, can only see child 2 weeks out of year unless he comes to that country and spends time with her, can't afford that, eaiser to get her in summers, but mom will not cooperate, mom calling the shots. Probably can't do a thing because its international. Mother now states we can pick child up 2 weeks one holiday and 2 weeks in another holiday time. It would be cheaper and easier to keep her at least a month or 2 in the summer. Not sure if anything international can be done. Mother in European country. situation very frustrating because child very upset when she leaves and goes back home.
1 Answer from Attorneys
Re: International custody rights
There is something known as the Hague Convention
which is a treaty between countries. Under the
Hague Convention it is possible to enforce visitation rigthts internationally. You might learn about the Hague Convention on line. See if the woman lifes a country which is a signatory of the Hague Convention. If she is, you can file suit in federal court here or in the country where she lives in enforce visitation rights.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com