Legal Question in Family Law in New Jersey

Can I return to USA

I have been residing out of USA for about 4 years. The Middlesex Family Court, NJ passed an ex-parte order granting my ex-wife, divorce, full child custody and child support. I had not submitted to the NJ Court jurisdiction.

The marriage had taken place in another country where i had filed for divorce prior to my ex wife filing for divorce in NJ.

The third world country where the marriage had taken place issued a restraining order on my ex-wife from proceeding in NJ Court. However, she proceeded and obtained an ex-parte order.

The third world country has declared the NJ court order null and void and non-enforceable.

I am a US citizen (N-400), since 2001. The divorce order by NJ Court is of 2003. I have been away from usa, since October 2002.

I have not abided by NJ court order. The children are with my ex-wife.

I do understand that if i enter into NJ, i could be arrested etc. for non-payment of child support etc. though I do have an order from third country which has declared null and void the NJ Court order...

I don't intend to abide by Family Court, NJ order.

If i want to return to USA, can i return?. I may not be going to NJ. Can i fly into and exit from any airport in USA other then NJ.


Asked on 7/25/06, 7:28 am

3 Answers from Attorneys
Glenn Dornfeld Glenn E. Dornfeld, Esq.

Re: Can I return to USA

You are in an unfortunate and complicated situation. I'm sorry to hear that.

You should talk to an expert in international family law. Jeremy D. Morley is a very knowledgeable expert in international family law. His law office is located in Manhattan. I'm sure he can answer your questions and help you out.

Best of luck to you.

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Answered on 7/25/06, 7:59 am
Robert Davies The Davies Law Firm, P.A.

Re: Can I return to USA

I have read the other attorney's reply, and I agree with it. You are in a very complicated position and subject to problems that I could not state with any certainty. This will take a bit of research, which I or any experienced divorce attorney could do for you. I do think you need some careful and thorough investigation before you place yourself at risk.

If you would like, give me a call; I am in northern New Jersey. The telephone consultation will be free. I would be happy to help you out.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 7/25/06, 11:24 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Can I return to USA

I actually handled a situation like this for another Law Guru user about a month or two ago with great results. I would have to learn a little more about your case to see if such results are possible with your case, but from what I know so far, it seems like it. My consultations are always free, so call me at 732/247/3340 and we will discuss the case.

Good luck!

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Answered on 7/25/06, 3:11 pm


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