Legal Question in Family Law in United Kingdom

She has taken our children to live in another country

how can i stop the court ordered support payments and return my children to home here in the united states


Asked on 5/25/06, 1:15 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: She has taken our children to live in another country

While not a common problem, this situation does come up.

You must establish a court order to have her return the child to the US. The standard form is by Habeas Corpus, but NY courts accept any form.

This order is usually sufficient to motivate the return of the child, but if it is not, then the order is entered in the court of the country where the child now resides and is implemented by authorities there. This extra step is often not needed.

The violation of the court order to return the child can be used to suspend your support obligation.

You are welcome to a consultation for no fee. Please use email to make an appointment.

[ps: I do work in Troy]

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Answered on 5/25/06, 2:06 pm


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