I represent W. H and W are separated with 3 kids. H returned to live in his native Balkan country over a year ago and no longer speaks to kids. The two older kids were born in the Balkan country and moved to NJ about two years ago. The youngest child was born in NJ. W can have H served in Balkan Country. Balkan country is signatory to Hague.
W has solid grounds for annullment of the marriage (turns out H has prior marriage in US.). She thinks H will likely consent to default if there are no prayers for support or sole legal custody, but she is not sure. W is afraid that if she seeks support or sole custody (both of which she wants), then H may return to US and possibly abduct kids. This is concern regardless of details of the relief sought in the complaint.
I am concerned that the State removal statute (9:2-2) doesn't apply to the older kids (they have less than 5 years residing in Jersey).
Does anyone have experience in commencing this type of case? It looks like I should file, with the Complaint, an OTSC declaring temporary sole custody in W (with restraints on H) to provide protection under 9:2-3. It seems like this would be helpful in enforcing federal anti-abduction laws as well.
Am I on the right track here? Please feel free to email me directly: jordan@njsternlaw
Thanks!
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Jordan Stern Esq.
Law Office of Jordan A. Stern
Chatham NJ
(973)632-3526
www.njsternlaw.com "If there's one thing you should take from this class, it's this: Read the statute to the very end--to the very last period." -Prof. George C. Thomas III, Rutgers-Newark School of Law
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