NJSBA Family Law Section

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  • 1.  wife's keeping kids abroad

    Posted 07-23-2017 02:45 PM

    A grad school friend has a critical issue.  He left the US with his wife and their three young kids to vacation in their home country of Ghana, but he had to come back early for work.  Now he can't get his wife to bring the kids back for the new school year in their domicile of Atlanta, Georgia.  Does anyone see any options other than booking an expensive round-trip ticket to attempt to collect them himself?  No relative back in Ghana has been able to dissuade her, but the kids are all under ten years old.  Kindly respond off-list with questions that would help you form an opinion, or please provide a referral to an international practitioner in Georgia of whom you can speak highly.
     




    ------------------------------
    Chelsea Jackson, Esq.
    The Jackson Law Firm, LLC
    Flemington, NJ
    (908)803-8553
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  • 2.  RE: wife's keeping kids abroad

    Posted 07-24-2017 08:45 AM
    Ghana is not a signatory to the Hague Convention on Civil Aspects of International Child Abduction  However, they can work with an international attorney in Georgia who can work with local counsel in Ghana 

    Randall M. Kessler, Esq.
    Member, IAFL
    KSFamilyLaw.com
    [email protected]
    @GADivorce
    404.688.8810 (ext. 103)
    101 Marietta Street, Suite 3500
    Atlanta, Georgia 30303
    http://tinyurl.com/RKesslerLinkedIn


    I also recommend Melissa Kucinski who has an international custody mediation practice and can travel or work remotely with parents on these matters. 

    Melissa Kucinski
    Melissa Kucinski <[email protected]>
    Call:  (202) 713-5165



    Original Message


  • 3.  RE: wife's keeping kids abroad

    Posted 07-24-2017 09:31 AM

    I would recommend you consult with:

     

    Patricia Apy, Esq.

    Paras, Apy & Reiss

    The Galleria

    2 Bridge Avenuebars

    Red Bank, New Jersey 07701

    (732) 219-9000

     

     

    Charles F. Vuotto, Jr., Esq.

    Starr, Gern, Davison & Rubin, P.C.

    Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney

    Fellow of the American Academy of Matrimonial Lawyers

    Certified by the American Academy of Matrimonial Lawyers as an Arbitrator

    Qualified by the Supreme Court of New Jersey as an Economic Mediator

    105 Eisenhower Parkway, Suite 401

    Roseland, NJ  07068

    Tel. 973-403-9200, Ext. 246

    Fax 973-364-1403

    Email: [email protected] 

    Website: www.starrgern.com

    Website: www.vuotto.com

     




    Original Message


  • 4.  RE: wife's keeping kids abroad

    Posted 07-24-2017 03:59 PM
    Patricia Apy is your best source. 



    Original Message


  • 5.  RE: wife's keeping kids abroad

    Posted 07-27-2017 11:38 PM
    First, I second the strong suggestion that you reach out to Patricia Apy ((732) 219-9000). I've called her several times over the years and she's very helpful to fellow counsel.

    Second, having been through similar issues, I suggest client get back to Ghana and speak with local counsel about the repercussions, if any, of his taking the kids and returning to the USA. Fight it out over here unless he would be violating the law in doing so. Duplicate passports can be received if necessary. Don't know if it's worth the paper it's written on, but I'd consider an ex-parte OSC seeking the immediate return of the kids (justifying the ex-parte in that mom is circumventing the UCCJEA / Hague and putting her on notice would probably result in her entrenching her position and making it harder, plus you're not seeking a determination of custody - just to get the kids back here ASAP). Self-help is tough to think about sometimes, but hard experience with "going through the courts" in other countries has made it plain that, when you're in the right and the UCCJEA / Hague is on your side, "possession is 9/10 of the law."


    <x-sigsep>

    David Perry Davis, Esq.
    ------------------------------------------
       www.FamilyLawNJ.pro
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    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222

    </x-sigsep>



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  • 6.  RE: wife's keeping kids abroad

    Posted 07-24-2017 05:56 PM

    Use my name as the referral source. 


    **Sent by IPhone. Please excuse any grammatical or spelling errors.


    Sincerely,

    CARRIE S. SCHULTZ, ESQ.

    *Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney

    -----------------------------------------

    SCHULTZ & ASSOCIATES, LLC

    55 Hudson Street

    Hackensack, New Jersey 07601

    (201) 880- 9770 (phone)

    (201) 880-9771  (facsimile)

    www.schultzfamilylaw.com (website)

    [email protected] (direct email)


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