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My children have been kidnapped by their mom who took refuge…

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My children have been kidnapped...
My children have been kidnapped by their mom who took refuge in Germany. After several court orders she was ordered to return the children to the father and the children original place of residence. She never returned the children like ordered by the German supreme court and she is supported by the German social system named Jungenamdt. The fight for the children custody is not defined yet and Germany who sponsored this kidnapping is refusing to let me see my children freely and is now paying my ex-partner attorney´s so she could collect child support. It seems that I am going to be treated like a criminal while my file is clear, my ex partner has several police reports ranging from theft to assault with a knife and of course child kidnapping, what are my options ?
Submitted: 8 years ago.Category: Family Law
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6/19/2010
Family Lawyer: ANDREA,, Lawyer replied 8 years ago
ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12,554
Experience: 25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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Is the United States involved at all in this custody battle ?

 

Thank you

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Customer reply replied 8 years ago
I tried to get the local MN. Dakota county court involved (my latest place of residence) but say stated that they have no jurisdiction since my children never resided in MN. or the USA as a matter of fact. I am a US resident but not a US citizen. I am actually from France.
Family Lawyer: ANDREA,, Lawyer replied 8 years ago

Please understand that the laws are written by the legislature and the laws do not always give us the results that we hope for or want.

 

It would not matter if you were a United States citizen or not, but it would be necessary that the residence of the children have been in Minnesota for the Courts of that State to have at least minimal jurisdiction and have been able to have done something.

 

If the children, however, never resided in Minnesota, the Courts in any County of that State would not have jurisdiction to decide the custody matter. Additionally, if no custody Order had been entered in any state, then each parent has an equal right to custody and neither parent can accuse the other of "kidnapping" if one of the parents picks up the children and takes them away. That is the primary reason we always stress to parents the importance of at least obtaining a Temporary Custody Order signed by a Judge while the Custody action is still pending and has not yet been decided.

 

Therefore, under the facts of your case, there is nothing a United States Court can do since they have no jurisdiction. I wish I could have given you a more favorable action, but I have an obligation to give you correct Answers and information, so please do not hold this against me.

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ANDREA, JD, LLM

MEMBER, NY & PA BAR

 

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Customer reply replied 8 years ago
In the first place, the mother abandoned the children to start a new life or to find herself in the USA and had plans to get married. Just before the mother abandoned our children aged 4 and 6 she signed papers giving the right to raise my children alone. Also when she was gone the Czech Republic courts(place of residence where the children have been kidnapped) gave me sole custody to raise my children and impose child support payments to the mother who never paid a dime. Once things did not turned out like planned with her potential husband, she came back and kidnapped the children.
Family Lawyer: ANDREA,, Lawyer replied 8 years ago

Maybe you should clarify some of your facts,

 

1. Are you asking if the United Stats Courts have jurisdiction to do anything ?

 

2. Where is the biological father ?

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Customer reply replied 8 years ago

1 ) Yes

2 ) Yes I am.

Family Lawyer: ANDREA,, Lawyer replied 8 years ago

1. In order for a Court of any state to have jurisdiction over a custody case, the child must have lived in that state and county for 6 months immediately before the filing of any Complaint for Custody. If one state has jurisdiction and one of the parents moves to another state, the new state will not take jurisdiction of the case unless and until the first state relinquishes jurisdiction. If a foreign Court has jurisdictio9n of a case, a state Court will not take over jurisdiction of the case, especially if it cannot exercise personal jurisdiction of all the parties to the case so that it can enforce its Orders and Decrees.

 

Since the Czeck Court has jurisdiction of the case and the Minnesota Court has no personal jurisdiction of all of the parties, including the children (and no jurisdiction of the subject matter), a Minnesota Court would not touch the case.

 

2. Your recourse is to go to the Czeck Court and ask that Court to impose sanctions on the mother such as a fine, a jail term or something similar in order to get her to return the children.

 

3. Or, you can take a certified copy of the Custody Order awarding you custody to a German Court, file it there and ask that Court to impose the sanctio9ns I mentioned above on the mother.

____________________________________________

 

 

 

That is the only way I get paid

 

Positive Feedback, BONUS are not required but they are a nice way to show you appreciate the expert's time and effort

 

If you have questions in the future, feel free to ask for me by typing my name at the beginning of your question

____________________________________________________

 

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

Don't forget to leave positive feedback!

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