Legal Question in Family Law in Washington
What can be done legally for a woman who holds German and American citizenship fighting for custody of her child which she has sole custody of in Germany. Her ex-husband who lives in New York took the child from a family friend in New York.
The ex, filed a restraining order and for full cusody while making outrageous and false accusations. A hearing was held and proof of custody (In Germany) was given to the judge. No translation was possible, so a two week continuance of the issue was set.
At the next hearing, the ex did not show up, nor was he available by phone. Full custody was not granted and the case was dismissed. The ex essentially disappears as does the woman's hopes of getting her child back.
The court, and the system continues to turn their back. Germany refuses to pressure the American justice system into taking any action and the Americans refuse to respect or enforce an order of sole custody granted in Germany
2 Answers from Attorneys
Try the US Department of State Child abduction Unit at http://travel.state.gov/abduction/abduction_580.html
If the German-American woman has a prior existing custody order from Germany, and if the father and child are in New York, she should hire local counsel in New York to register the foreign (German) custody order (judgment) in New York, and simultaneously make a motion to the relevant New York court for habeas corpus, to have the child returned to the mother immediately. The mother needs to be prepared to get on a flight to New York ASAP to meet the child.
Additionally, if the child is in the United States, I respectfully disagree with Mr. Preble. You should not call the State Department, but call the FBI and give the father and child's information, as well as a certified copy of the German custody order and see what they will do. Most likely, they will want to see the above discussed writ (order) of habeas corpus and they will then pursue it.
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