I'll be amazed if anyone has had these facts or if there's a 100% on-point case, but I've researched to where I've found what I can, so I figured I'd throw it out here ...
Parties to a six year marriage move to NJ from China a couple of years ago. H files complaint in NJ in March 2015. W files counterclaim here in May 2015. H files answer to counterclaim (WITHOUT paying $175 fee, LOL) in June 2015.
Time and a few settlement conferences with the judge go by and W "gets it" that she isn't hitting a pot of gold due to length of marriage and that H's assets, although very substantial, have (as per Friedman LLC report) declined (Chinese stock market and all...). Wife decides she'll do better under China's law (which she does, from what I can tell, at least on some issues).
In September, 2015, Wife files a divorce complaint in China. In December, 2015, Husband files a counterclaim there (filing fee unknown, LOL) - which (like here) means W can't just dismiss her Chinese complaint any more. The parties appear in court in China and a discovery schedule is set out and motion for temporary support was argued and taken under advisement (decision "soon" on it). Next event in China is in Feb.
Although he might actually do worse, H feels, correctly, that the system here hasn't been fair to him (fake, later-dismissed DV costs him his custody of his now-alienated child -- even though it was fake, there's no repercussions to W -- zero --, p.l. support was initially $13,000 per month + extras based on W "forgetting to mention" that she has $500K of her own assets and her own employment history... this is uncovered and, while a fairer judge drops the p.l. by 65%, there's still no repercussions to W -- zero --for lying and she still plays the "poor broke me" card. More - H is then compelled to front $75,000 into a litigation fund even though W has her own money... with W's attorney now motioning to take 1/2 the fund for his "accrued attorney's fees" (incurred for the fake DV, etc). (Note that "broke" wife has hired largest firm in Shengzin, China, to represent her in Family Court action).
H is just done here. God Bless America... He sees our system as blind to everything but gender (and I've tried to talk him out of that idea, but it's fixed and I can't blame him). He wants to litigate where he speaks the language, understands the culture, where divorces take no more than six months by statute and cost no more than $10,000 USD, where almost all their property (homes, factories, etc) are located, and where, even if her gets a worse result, he feels it'll be based on law and not gender. He wants to dismiss his NJ complaint and force dismissal of W's counterclaim. Yes -- W is maintaining her counterclaim here.
QUESTIONS:
<x-tab> </x-tab>(1) Under rules of comity, the first-filed complaint establishes jurisdiction where more than one court potentially has it. If H is granted leave to dismiss it, W's China complaint then take precedence, right? (China maintains jurisdiction under its law for Chinese citizens living abroad).
<x-tab> </x-tab>(2) If both W and H have litigated child support in China, can NJ relinquish jurisdiction in favor of Chinese court (they'd order a fair amount)?
<x-tab> </x-tab>(3) Can NJ enter final order under FD as to custody?
<x-tab> </x-tab>(4) Can, if the judge were really inclined to do justice.... Can W be ordered to repay H the p.l. support and litigation fund she got here?
<x-tab> </x-tab>(5) Should I write the judge (NJ) and ask her to speak to the Judge in China? (H''s Chinese attorney has asked the judge in China, who said he'll speak with NJ judge if she calls him), at least about UCCJEA, UIFSA, and comity / jurisdiction issues?
Thanks - even any random thoughts off-list or on would be appreciated.
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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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