Given the global economy and the ease of establishing a life outside of the United States, it is not uncommon for a family to reside in another country for an extended duration. When a couple that regularly spends time in other countries decides to divorce, however, their international travel habits may present challenges in terms of determining custody. The hurdles of protecting custody rights when the parties have lived abroad were demonstrated in a recent California case in which the parties lived overseas prior to seeking a divorce. If your child’s co-parent is attempting to keep your child in another country, it is essential to retain a diligent California child custody attorney to help you fight to protect your parental rights.
Facts of the Case
It is reported that the mother and father were married in Italy in 2006 and lived there until 2008 when they moved to California. They had two children in 2009 and 2010 while living in California. In 2016, they moved back to Italy as a family, but the mother and the father became United States citizens prior to moving. They eventually gave up all of their assets and property in California and established a life in Italy. The children attended school in Italy and routinely received medical treatment there as well.
Allegedly, in 2018, the mother and the father began experiencing marital problems, and the mother advised that she wished to move back to California with the children. The parties never agreed regarding where the children would reside, however. The mother moved back to California, and in 2019 the father filed for divorce in Italy. The mother then traveled to Italy and returned to California with the children. At that time, the children had lived in Italy for two years and nine months. The mother subsequently filed a divorce action in California in which she sought, in part, sole legal and physical custody of the children. The father then filed a petition for the return of the children under the Hague convention.