Sole Custody for Left Behind Parent After Child Abduction

**Dauntless** · 07-07-2011, 08:42 PM

My question involves a child custody case from the State of: KY

I filed for divorce on March 16. My wife was properly served with the papers. She abducted my 10 year old and 8 year old on March 19 and went to united Kingdom defying circuit court's judge's restraining orders preventing her to take the children out of country. I have not even spoken with my children since March 12. I filed thru Haue Convention proceeding in London. The Judge over there REFUSED to return the children to USA stating the children are mature enough and their views are to be taken into consideration and that the older child(10 years old) does not wish go back to USA. As I understand, I as the left behind parent in US whose parental rights have been violated should get sole custody. Question and problem is that the circuit court judge here in kentucky refuses to listen/acknoledge that right. please advise. There is a fedsral statute UCCJA that has been used in the past in other states/cases.

**Dogmatique** · 07-07-2011, 08:51 PM

I'm really sorry - but your situation is far too complex for a message board.

You absolutely NEED to get an attorney - immediately. However, if the Hague judge has ruled against you, you'll have a terrifically difficult battle on your hands to get the children returned to the US.

I wish you luck.

**Dauntless** · 07-09-2011, 06:09 PM

Thanks for responding.

I understand that the return is extremely difficult. However, what I am trying to find out is how to apply UCCJA to get custody as a left behind parent over here in US.

Once I have that, I will go to United Kingdom and see if the courts there entertain this order. Hague convention does not deal with custody matters. It only operates in returning the children to their usual residence from where they were abducted.

**tex11** · 07-09-2011, 07:05 PM

Quoting Dauntless

...As I understand, I as the left behind parent in US whose parental rights have been violated should get sole custody. Question and problem is that the circuit court judge here in kentucky refuses to listen/acknoledge that right. please advise.

There is a federal statute UCCJA that has been used in the past in other states/cases.

You understand incorrectly if you believe you have a presumptive legal right to sole custody in this situation.

If the judge in KY refuses to find mom in contempt for relocating, and refuses to order the child returned, then you have no recourse under UCCJEA. You have to first get the judge in KY to order the child returned, at which point you would then need to jump through the legal hoops to get the United Kingdom to enforce that order.

And the UCCJEA is not a federal statute, but a uniform code that the majority of states have voluntarily adopted into their own statutes. You should be able to find reference to UCCJEA within the KY statutes, and how it applies to your case. But as stated, it all has to start with the judge in KY who currently has your case.

**Mr. Knowitall** · 07-09-2011, 07:06 PM

The UCCJEA is a uniform law that has been adopted in every state except Massachusetts, to help resolve custody litigation filed in those states in a manner that is consistent across the country. It does not restrict the rulings of a U.K. court.

There is no law in any state that automatically grants sole custody to a parent merely because the other parent leaves the state with the children.

**Dauntless** · 08-25-2011, 12:31 AM

Quoting tex11

You understand incorrectly if you believe you have a presumptive legal right to sole custody in this situation.

If the judge in KY refuses to find mom in contempt for relocating, and refuses to order the child returned, then you have no recourse under UCCJEA. You have to first get the judge in KY to order the child returned, at which point you would then need to jump through the legal hoops to get the United Kingdom to enforce that order.

And the UCCJEA is not a federal statute, but a uniform code that the majority of states have voluntarily adopted into their own statutes. You should be able to find reference to UCCJEA within the KY statutes, and how it applies to your case. But as stated, it all has to start with the judge in KY who currently has your case.

The Judge gave 2 orders:

1. An Emergency ORDER instructing the mother that she cannot take the children out of the country. This was done before the abduction.
2. The Judge gave another order after the abduction ordering the mother to bring the children back to kentucky and ordering her not to discuss the proceedings with the children.

Last week the judge issued a criminal summons for the mother to appear before the court with the children.

**Dogmatique** · 08-25-2011, 12:41 AM

But this doesn't resolve your problem - that being, you need an attorney in the UK to help you with this.

**Dauntless** · 08-25-2011, 12:46 AM

UK solicitors want me to transfer my job to United Kingdom and move to United kingdom and then file for custody in UK courts.

How can this order of Judge to return the children help in getting the sole custody here in US?

Once i get this custody, I can try to get custody in United kingdom Family Courts(they may/may not entertain this).