Uphill battle probable for woman in child custody dispute | Lane & Lane, LLC
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Uphill battle probable for woman in child custody dispute

New Jersey mothers involved in child custody battles may be interested in a current story involving a mom seeking the return of her young daughter from overseas. The woman believes that her husband is violating a court order requiring him to bring her daughter home and should be held in contempt. The parents in this child custody battle are still married but the husband claims he is pursuing a divorce.

Both parents have different stories about when this story begins. The woman, who was living overseas with her husband and their baby, maintains she went to work on March 27, and when she returned home, her husband had set everything she owned outside and left a note telling her he was filing a divorce and had taken their 14-month-old daughter. The man refutes this claim, stating he filed adultery charges in court, and she fled the country, thereby allegedly abandoning the young girl.

For her part, the woman claims she had no money and traveled to the U.S. Embassy in Dubai where she was told to pursue legal avenues of relief to regain custody of her daughter. The husband filed a motional for emergency dismissal of the case in Tennessee, where the wife is seeking to have him held in contempt of court. In denying the motion to dismiss, the judge did note that Dubai was not covered by the Uniform Child Custody Jurisdiction and Enforcement Act.

While this was a small victory for the woman, this case serves as one that may caution New Jersey parents. She will have a difficult road ahead in this child custody battle because Dubai is not a signatory to the Hague Convention, a treaty initiated to protect children from abduction or retention in a foreign country. Also, any U.S. court orders that may be made in this case may not be recognized overseas without the cooperation of the other country involved.

Source: WTVM.com, "Tennessee mom seeking return of child from Dubai," Kristin M. Hall, May 7, 2012

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