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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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I am a Dutch citizen and am living in the Netherlands with

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I am a Dutch citizen and am living in the Netherlands with my 2 minor children. My husband lived here with us for 1,5 years and moved back to the US last January. He now filed for divorce in the US. I have been told that the best thing for the children is to get the divorce proceedings under the Dutch law system, since they live here and this is their primary residence, How do I get the judge in the US courts to move the case?

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

A U.S. Court doesn't have the ability to transfer a case to another country. However, if the children are living with you in the Netherlands, and you have never lived in the U.S. you have the ability to ask the judge in the U.S. to dismiss the case. That can be accomplished by hiring an attorney in Missouri, although you may have to travel there for one hearing. Essentially, the argument is that the U.S. Courts don't have jurisdiction over you, a Dutch citizen living in the Netherlands. The Missouri judge also doesn't have authority to decide where your children should live, if they're with you in another country.

A good place to find a local attorney in the U.S. is The Missouri Bar Association also has a referral service that might be helpful.

Once the Missouri case is dismissed, you can file for divorce in your local court. You may also want to talk to your Dutch attorney about whether it could benefit you to file sooner. One situation where it might help is if your husband is likely to try to take the children to the U.S..

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 3 years ago.

Thank you for your help. We did live in the US. The kids were born there. We moved here as a family two years ago. So the children have been in local schools and this is now their primary residence. Do you think I will have grounds to have the case dismissed?

Because the kids are living with you, it is possible that you'll be able to get the Missouri case dismissed, even if you used to live in the U.S. If the kids were in the United States, the judge would probably not dismiss the case - that's important, because it means that if your husband takes the kids to Missouri before this is resolved, the judge will most likely hear the case in Missouri.

The argument would be that you and the children are legally residents of the Netherlands and it is best for the children to have things decided by a judge in that country.

In Missouri, a divorce decree can be entered in as little as 90 days (and in some cases sooner), so you may want to start looking for an attorney in Missouri as soon as you can.
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