Q: What would happen if a mother is wanted for parental abduction because she took her children to Europe in violation of a US child custody order? Her children are legally adults under US law, but law enforcement in Europe cannot locate his children. Law enforcement in Europe was able to locate the American mother. The mother will not reveal the location of her children know adults, unless she does not have to spend time in jail, but is willing to pay a fine and do community service. Because his children are legally adults, they can not be forced to return to the United States and see there American father. The American mother will be deported to the United States, because she was illegally living in Europe.
A: David's Answer: If the children are over 18, the Court cannot restore visitation rights. It is possible the court could impose a fine (i.e., sanctions), counsel fees and/or a term of incarceration upon the Father prevailing in a contempt hearing against the mother. Schedule a consultation with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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