Child custody disputes can be challenging for any New Jersey family, but when the parents do not both reside in the U.S., things become very complicated. Such cases can be complex because they deal with questions of jurisdiction and often involve the interpretation of international treaties. Additionally, the stakes are very high because it is near impossible to partake in shared custody or routine visitation if the parents do not reside in the same country.

Late in the summer we discussed the international child custody case of an Army family. That case was heard by the U.S. Supreme Court last week and it appeared to leave the justices somewhat divided.

The case involves a U.S. Army soldier who married a Scottish woman in 2006. The two had a daughter in 2007 and the family lived in Germany until the soldier was deployed to Afghanistan. At that time, the mother and daughter moved to Scotland until the soldier was transferred to Alabama in 2009 and his family joined him there.

In 2010, the couple decided to file for divorce and the woman was deported in 2011.

Under the 1980 Hague convention on international child adoptions, the woman asked a federal judge to allow her to take her daughter to Scotland, arguing that Scotland was her legal residence. A judge agreed and the two left the U.S.

The man has since appealed, but the 11^th Circuit Court of Appeals said the appeal was moot because the girl is in Scotland now and the U.S. no longer has jurisdiction.

The Supreme Court must now decide whether he can appeal the judge’s decision that allowed his daughter to return to Scotland. Several of the justices have reportedly expressed concern about not being able to appeal such a decision, because this would allow foreign-born parents to escape custody disputes by leaving the U.S. with the child.

The mother’s attorney, however, has said that U.S. jurisdiction does end when a child is allowed to return to his or her official residence.

The Hague convention was meant to return children who were illegally taken from member countries.

The U.S. Supreme Court is expected to rule on this case in the spring.

Source: New Jersey Herald, “Justices struggle with international custody law,” Jesse J. Holland, Dec. 5, 2012

• More information about child custody law is available on our New Jersey Child Custody and Parenting Time page.