Returning Home For a Better Life or Parental Kidnapping?

 

Parental kidnapping has been an issue many people across the country and the world have had to face. Iraq veteran and New Jersey resident Michael Elias alleges that he has experienced it firsthand.  Elias, who returned home from Iraq three years ago, alleges that upon his return, his former wife told him she wanted a divorce. However, if only Elias could foresee what was to come—an international custody battle with his former wife, who is now living with their two children approximately 7,000 miles away in Japan.

Upon divorce, Elias and his former wife were granted joint custody by a Bergen County Court. In order to prevent either parent from taking the children out of the country, the Court directed that the children’s passports be surrendered. With the children’s passports surrendered and a court order of joint custody, Elias thought he had nothing to worry about. 

However, during a routine exchange of the children a few months later, Elias waited for his children to be dropped off for his parenting time. What he didn’t know what that he former wife and their two children were on a plane to Japan, violating the custody order. Since Elias’s former wife worked at the Japanese Embassy, she was able to get new passports for the children. How did she obtain new passports for the children legally and now that she is in Japan with the children, does it really even matter?

Japan is not a party to the Hague Convention on Parental Kidnapping, so what is Elias supposed to do?… <Read More>


“Extraordinary Circumstances”

http://www.religionlink.com/tip_100126.phpIn family law, the standard for custody determinations is the “best interests of the child.”  In determining the “best interests of the child,” courts look at the totality of the circumstances, and no single factor is controlling.  Although the factors vary state to state, they may include the emotional ties between the child and each parent, each parent’s ability to provide for the child, the mental and physical health of each party, the responsibility for care previously exercised by each parent, and the child’s wishes (if the child is of an appropriate age).… <Read More>