Can the courts in the United States arrest a mother for International child kidnapping, because she refuses to

Asked 10 months ago - New York, NY

Can the courts in the United States arrest a mother for International child kidnapping, because she refuses to turn over her child to the US family court for a paternity test, and will not comply with court ordered visitations. The mother lives in New York City, and shows the courts in New York a US consular of birth record as proof that her daughter is born in Japan, and says that she abandoned her in Japan. There is no point in taking legal action in Japan, because under Japanese law he has no legal rights. In some cases US courts claim legal jurisdiction under US law over children that are in Japan, and will not recognize a Japanese court ruling that conflicts with US law. Because the mother will not comply with US court order that conflicts with a Japanese court order, she can go to jail for international child abduction in some cases.

Attorney answers (5)

  1. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Courts don't arrest; cops arrest. Family court can enter a warrant which will have no effect on the Japanese mom if she is in Japan. You can try a Hague notification but I have never heard of a successful recovery of a child from Japan under Hague.

    Good luck.

  2. Wojciech Zbigniew Kornacki

    Contributor Level 12

    2

    Lawyers agree

    Answered . No, courts do not arrest; however there are laws against kidnapping; you should discuss your case with a domestic relations attorney from NY and perhaps contact child protective services.

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  3. David Ivan Bliven

    Pro

    Contributor Level 19

    2

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    Answered . See my prior answer to your duplicate post.

    * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.
  4. Ralph Duthely

    Contributor Level 14

    Answered . The question is unclear whether the child has lived in the US, especially within 6 months of the filing of a petition. The US courts may not have jurisdiction.

  5. Michael Charles Berry Sr

    Contributor Level 7

    Answered . There is a U.S. federal law which comes to mind from your question. It addresses international child abduction, 18 U.S.C. Section 1204, which states in part: "(a) Whoever removes a child from the United States, or attempts to do so, or retains a child (who has been in the United States) outside the United States with intent to obstruct the lawful exercise of parental rights shall be fined under this title or imprisoned not more than 3 years, or both..."
    Family law is primarily governed by state law. A judge with the right personal jurisdiciton can invoke contempt and sanction powers which may include incarceration in New York. I am not a New York lawyer and suggest you seek one providing specific facts and he/she will be able to provide a more specific answer. As for Japan, Japan signed an international treaty on child abduction and implemented it in June of this year. The Japan court has issues a manual on the subject. Japan has not been too cooperative with the U.S. judiciary to date. Maybe that will change???

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