Full question:
I am a Pakistani Citizen who lived in the US for 6 years (between 1999-2007) before moving to the UK . My wife (a Pakistani Citizen), whom I married in 2003 while in Pakistan and under Pakistani law, lived with me in the US from 2005-2007. We had a daughter born in California (a US citizen by birth) in 2006. After we moved to the UK, my wife and I developed some differences and she, on a fictitious premise (the bad health of her father), went back to Pakistan along with my daughter in Oct 2007. Since then, she refuses to return back and is also holding my daughter against my will. She refuses to talk to me, or inform me of my daughter's well-being. She refuses to let me speak to the daughter who is now about 2 years old, on the phone, and her father refuses to let me meet my daughter when I travel to Pakistan . They are using my daughter as blackmailing chip to reach a highly objectionable financial settlement with me. This situation is clearly moving towards a divorce. Given that I am being denied the right to visitation to my child - who is a US Citizen - I want to find out if I can get any relief from US Court System. The child and the wife are in Pakistan and I am based in UK right now. I have little faith in Pakistani Courts' ability to enforce a custody/visitation case but an order by a US Court may move some things there. Specifically, I want to know: 1. What action/support could I expect from the US Embassy in Pakistan , should I write to them about the removal and detention of my child under fictitious grounds? My wife has been a psychiatric patient throughout a married life and I am deeply concerned about the security of my child at the hands of my in-laws as well. (2.) Could I file a case in a US Court seeking to restore my visitation rights and joint-custody? Would a US court have jurisdiction over this matter? The child is a US Citizen by birth but also has a Pakistani Passport. (3.) There is likelihood that my wife may take my child to the United States in the near future in which case, even though I am not even resident in the US, would it be possible for me to file and win a joint-custody case for my child? 4. If this is possible, what is the precise procedure for me to seek legal recource in this matter? What kind of case do I file and what court would have jurisdiction? How long would it take for the court to decide this? What kind of evidence/process would the court follow (i.e. what conditions would it have to satisfy to give a verdict)? Approximately how much would it cost? 5. Should my wife decide to move to the US either now or after a divorce, would she be able to claim spousal support from US Courts? Our marriage was contracted under Pakistani Law and was never registered anywhere else. Under Pakistani law I am not obliged to pay spousal support. I am, however, willing to (in fact I already do) pay child support towards my child. Does the answer differ if she moves to the US after the divorce? 6. If I get a decision from a Pakistani court regarding visitation/custody of my daughter, and my wife moves to the US after that, would that decision be enforceable in the US ?
- Category: Divorce
- Subcategory: International
- Date:
- State: National
Answer:
Generally, in order to use the U.S. legal system to return custody of a child to a parent, the parent must reside in the U.S. or there must be a custody order or agreement in place. The U.S. will work with countries who are partners to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction to seek the return of an abducted child to a parent remaining in the U.S. However, Pakistan is not a country that is a partner to this treaty.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) has been enacted in 48 states and has been introduced in others. Generally, this statute contains both jurisdiction and enforcement provisions that require a state to enforce a custody or visitation order that was issued by the child’s habitual residence. Without a custody order, this law would not apply.
If the child is returned to the U.S., it may be possible to file a motion for custody in the state where the child or one of the parents resides. Laws vary by state, so the jurisdiction would depend on state law of the child or parent's residence. I suggest you contact an
attorney who can review all the facts and documents involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
