I know I'm going to have to research this one, but I'm hoping someone can point me in the right direction (or, dare I hope, someone knows the answer):
Parties moved from China to NJ in 2013. Divorce was filed here in March 2015. Pendente lite order entered. H ordered to surrender passport to coerce compliance with an order to come up with funds for a forensic accountant. Believing H will not be able to travel (apparently not understanding that his passport would be returned upon compliance), W files a divorce complaint in China in October 2015 and requests a hearing on it -- under Chinese law, if H doesn't appear, he loses by default (no "notice of ED/proposed judgment" required like here). W stated to mutual acquaintence that she's going to take H for every dime he has when he can't appear.
H pays the accountant / complies with order and has had his passport returned. He had his attorney in China file a counterclaim over there, which will (in effect) prevent W from being able to dismiss her Chinese complaint and is flying over to attend the hearing.
Chinese law is a lot better for H. Six year marriage - she's not getting any alimony over there, plus they have a prenup that would be valid under Chinese law (but not NJ law - conflicts with public policy).
NJ will retain jurisdiction over custody and child support, but H would like to get NJ complaint and pendente lite order dismissed (moving CS and custody to FD docket) as a result of W filing complaint in China.
Don't suppose there's a case with this weird fact pattern out there? Or even where to start researching this? It's obviously going to need a letter brief for the court.
Thanks,
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David Perry Davis, Esq.
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www.FamilyLawNJ.pro
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112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax: 609-737-3222
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