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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102505
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My grandaughter has her son in Hawaii, her ex boyfriend has

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My grandaughter has her son in Hawaii, her ex boyfriend has a case in Virginia, she has a case pending in HI, his is scheduled for Monday the 22nd, hers not until the end of April. There is an appeal in for juristition in VA by her VA lawyer, if he is given custosty with a pending appeal in VA from VA, will Hawaii let him take the child
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

I am very sorry for your family's situation.

if he is given custosty with a pending appeal in VA from VA, will Hawaii let him take the child

not necessarily. If he successfully wins jurisdiction begin in VA, then what he wins is the ability to have the custody matter simply heard in VA (under the Uniform Child Custody Jurisdiction And Enforcement Act), but this does not necessarily mean that he would receive custody.

If he is successful in consolidating the jurisdiction in VA, then he would still have too show that it is "in the best interest of the child" that he be the custodial parent, which he may not be able to do.

I hope this helps and clarifies. Good luck.

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Customer: replied 4 years ago.

His lawyer entered a just cause as there was an order entered to return which she did not get. She did last night, the order returned child only. My grandaughters lawyer advises her to stay in Hawaii while he waits for the appeal filed in March for juristiation. He thinks the court will give him custody on Monday, but Hawaii will not enforce will wait for their case and or VA appeal

Hello,

Thank you. What exactly are you asking here - what do you need to know? Or do you simply want an overview of what is happening to "straighten" the matter and understand?
Customer: replied 4 years ago.


Accorfing to her lawyer, he wants her to stay in Hawaii, there is an appeal to juristrion in VA, however, it has not been heard. She has a court date on Monday the 22nd, she was served last night in Hawaii. The lawyer wants her to stay in Hawaii ignor the order and fight it out. He also thinks he will get a custody order on Monday. We need to know if Hawaii will enforce and let him come and get the child and return to VA. While the appeal is waiting and the custody case in Hawaii that is pending .

Thank you for your clarification.

Please understand that a state does not "enforce" the order. Even if VA has lawful jurisdiction over the case, no police are going to break down her door, weapons drawn, to get the child, the day after the order. If VA takes jurisdiction, but, she still has the child in HI and refuses to hand the child over, then he would have to file another motion to force her to do so - it can take WEEKS to get this all straightened out.

Meanwhile, if the HI hearing is had and HI disagrees and decides that it has proper jurisdiction, then while she is in HI, the HI order controls.

So the attorney's advice is sound - she is much better remaining in HI, waiting for HI to make a decision. Even if he has a VA order in place, enforcing it may take weeks and HI in the meantime may override the order from VA.

So while he may have the right to enforce the order in HI, it will take weeks for him to do so, and by that time, HI should

Ordinarily, Hawaii will enforce an order from VA. However, in this scenario, it is best to simply wait it out and perhaps, HI will override the VA order while he is still scrambling to enforce it.

I hope this clarifies.

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Customer: replied 4 years ago.


VA has awarded juristrtion, we have an appeal in, Monday is the next case where he may get the award.


 


So we have an appeal pending VA juristricion in VA, and a pending custody case in Hawaii.


 


Your advise is good with this sceniro as well ?

Friend,

Thank you for your follow up.

Your advise is good with this sceniro as well ?

Yes, indeed. Hawaii may override the decision before he can even enforce the order. So the attorney is giving the correct advice - she may wish to stay in Hawaii and wait for Hawaii to overrule the VA order.

If the matter is being appealed in VA, then the same applies. It takes time to enforce an order. While he tries to do so, the decision may be overridden on appeal in VA (or Hawaii).

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups for free after rating. My ultimate goal is your complete satisfaction.
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Customer: replied 4 years ago.


your most welcome.. Hawaii set a court date for June 22 2013 to hear the custody case. What does that do for Monday here in VA?

Good morning.

The very same still applies. She is better off staying in Hawaii and waiting for HI to have its own hearing. She may even wish to file a Motion to Stay in HI to ask to 'pause' the VA order while HI's hearing is pending.
Customer: replied 4 years ago.

can she file the motion herself or does she need a lawyer to do that?

Due to the complexity of the matter, an attorney is HIGHLY recommended here.
Customer: replied 4 years ago.


Thank you. I will get her one in Hawaii, can you suggest anyone ?

With pleasure. May I recommend the HI Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.