My wife has moved out of the country and has since committed fraud in her home country. I want to file for a divorce, but I know already that our divorce will be messy. I went over to her in her home country for 9 months with our kids, but it's hard to live there and I don't want the kids to be raised in such a violent country. I have now taken the kids back to Colorado with her permission, but I know that she will try to fight for custody, and try to move the divorce to her home country. We still have our home here, and were never supposed to stay in her home country. She is a movie producer and works on a project which will last for another 2 years. We just went to visit her for 9 months. Do I fare better with a big law firm since they have in house lawyers for international law too?
Ronald Richard StowellFamily Law AttorneyLittleton, CO ·
The size of the law firm is not helpful. You need a Colorado family law attorney that specializes in interstate and international child custody disputes and has expertise in personal and subject matter jurisdiction. The best attorney for you will, at a minimum, practice family law exclusively, practices regularly before the judges that will be hearing your case, and is someone you are comfortable working with.
If there is a threat that the mother may take the child out of Colorado with the intent of keeping the child, you need to get orders in place immediately to prevent that. For example, there is a mandatory injunction that is in place upon filing and serving a petition for dissolution of marriage that prevents either parent from removing a child from the State of Colorado without prior written permission from the other party or an order of the court. Also, an "abduction prevention" motion may be appropriate.
Your instincts are correct, you need an attorney who specializes in these matters.
You need an attorney who is familiar with the Hague Convention involving international child custody. Beyond that, you need an attorney who will work hard for you. There are big firms and small firms that are good at this.
Don't get too excited about your benefit fraud allegations. That might cause her some problems in her home country if the government becomes aware of the information, but it won't have much impact on your custody case one way or the other. Other issues will be far more important.
Great advice from the others. The Hague Convention is complex but mostly fair. It deals a lot with where jurisdiction lies. You want it here so what you do and when is key You need to be careful about what you say in emails and texts. Timing will be very important as well
David Luther WoodwardChapter 11 Bankruptcy AttorneyPensacola, FL ·
This often gets back to the old adage about it's not so much about the size of the dog in the fight, but size of the fight in the dog!
The situs of a divorce is based upon the contacts of the parties with that particular place. If you have residential property in Colorado where you have lived as a family you have the beginnings of establishing jurisdiction. I hate to say this, but divorces involving two different states--or countries, for that matter--often boil down to a race to the court house.
Do have a written agreement about bringing the children back to the U. S.? You will have to satisfy the requirement of the Uniform Child Custody Jurisdiction Act and other controlling law and statutes.
My recommendation is to start looking for counsel ASAP. Start by qualifying the lawyer as a good family law lawyer, and then layer the international bit on top. Often great family lawyers practice by themselves or in small groups. Big firms are usually interested in Ford, General Motors, or American Airlines rather than "people law".
Good luck
