A New Jersey Trend?
In November 2013, a Morris County Superior Court judge ordered a woman to appear in a Morristown courthouse to explain why her ex- husband should not be given full custody of their 9-year-old son. The judge also ordered her not to take the boy of the country. But it was too late. She had already fled to Paraguay, where she is a citizen, taking her son with her.
The couple had been involved in an acrimonious custody dispute replete with domestic violence complaints and arrest warrants issued.
The case is just one of a number of custody-related abductions in Morris County and elsewhere in New Jersey in recent years. In one, the wife of a Mendham Township resident took their children in Uzbekistan. In another, a man abducted his daughters to his home country of Nigeria while his wife in Dover sought their return. In yet a third case, a Plainsboro, New Jersey man abducted his twin boys to India.
On August 8, 2014 the Sean and David Goldman International Child Abduction Prevention and Return Act was signed into law. That law was inspired by the efforts of Tinton Falls, New Jersey resident David Goldman to bring his son back from Brazil, where the boy’s mother had kept him for five years. It authorizes the State Department to take strong measures to force foreign countries to return American children held there illegally.
In the Eksteen case, the Hague Convention on the Civil Aspects of International Child Abduction may provide some help. In 2008, the U.S. and Paraguay entered into a partnership under the Convention to establish a procedure for the return of children taken to Paraguay illegally.
Reaching an agreement on child custody can be the most difficult and heart-wrenching aspect of any divorce. It is especially challenging when one of the parties acts unilaterally, taking a child abroad in violation of court orders. The result can be a costly and years-long battle in foreign jurisdictions.
Even when foreign abduction is unlikely, it is important to have the assistance of an experienced New Jersey Child Custody lawyer who can help you try to achieve the best possible child custody and parenting time plan.
Salvaggio Law Group LLC devotes its entire practice to New Jersey divorce and family law matters, including those involving child custody and parenting time issues. We would be happy to speak with you.
If you want to talk regarding child custody or any family law matter, please call us at (973) 455-1220 or fill out the Contact Form on our website.