Legal Question in Family Law in Washington

custody

my brother is married to a girl from Fiji (they got married there in 2006). They had a baby in November 2007. She is very unstable and cruel, i.e., he had her arrested in 2007 due to she got angry at him and tried to catch the house on fire, put holes in the wall, etc. then after the birth, she attempted to overdose landing her in the ER. He can't take it anymore, but is afraid she will take off to Fiji with their daughter. Is there anything I can tell him so he can get him and his daughter out of this unstable situation??


Asked on 5/06/08, 11:08 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: custody

He can file for divorce (called dissolution of marriage in Washington), at the same time file an ex parte restraining order and a motion for temporary orders. This would establish that Washington has jurisdiction and leaving with the child would be parental kidnapping. Fiji and the United States have an extradition treaty signed in London (between the U.S. and U.K.) on February 22, 1931, and effective June 24, 1935, and reaffirmed by exchange of notes in 1973 and 1977. Generally cooperation between U.S. and Fiji law enforcement appears to be good. The point to this is to establish that the Washington Courts have jurisdiction over the parties and the child. Your brother should probably consider having an attorney handle this.

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Answered on 5/06/08, 11:57 pm


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