Divorce Issues/Custody of children of US citizen
Hi.My husbands ex has lived in Germany since Aug 2010 and will be returning to States Dec 2013. She filed a case in Germany court for custody to be heard Nov 2013. We have made several attempts to contact the court and explain we do not have the money for a German atty or to fly an stay there. I just had surgery and my husband is home while I'm recovering with limitations and we asked for a postponement but it was denied. Her atty asked for 2 postponements for family matters and approved. The social service woman talked with the ex but never to my husband. We have filed contempt against ex in the States and sent to the German court but out of 7 requests sent to them, they have replied once. This has been very one sided and the Court has been extremely uncooperative. The ex in is contempt of the court ordered custody here in the States yet the German court wants to hear her case anyway. None of this makes sense or seems fair to my husband. She broke the US law, has taken his parental rights, refusing to let him even talk to kids, and requesting that all visitation be made in Germany. Yet she's coming back next month. Will the results of the case be binding in the States when she moves back? I'm really disappointed in the court system, and the unfairness shown to my husband. Can anything be done?
I am sorry this has taken me so long to reply. I am virtually without knowledge in regard to international law, but from what I could obtain, if she has broken US law, your husband may be able to to have a warrant served upon her arrival, or at least papers filed to be served to enforce the decree that was established here. I would not attempt to contact her directly.
I realize this will strap the two of you, but I really think your husband needs to speak with an attorney. I'm guessing your husband's ex is a citizen of Germany. If the divorce and custody arrangements were established in the US, I think that's where your husband needs to begin. He probably won't have much say in another country, but an attorney can at least navigate through the paperwork and explain to him just what the situation is. I think your husband will need legal representation, to be heard.
I'm sorry for what you are going through. I hope you are recovering well.