Unlawful modification of a foreign (but mirrored) Order - UCCJEA

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afatherschild

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A recent (and comprehensive) modification order was issued by the Georgia courts relating to an application by the mother (now habitually resident in Georgia) for a wholesale modification of child custody, parenting time and contact order: the original terms of which were originally ordered in England. The rights granted to Father and child under the England order are now being violated and Father/daughter are being deprived of their rights to frequent contact, agreed to prior to the relocation of the child. (There are no allegations of violence, abuse, or any red flags warranting such a decrease in contact).

Under UCCJEA, the foreign court's order must be given full faith and credit, unless certain provisions apply: one of which is for the explicit relinquishing of subject matter jurisdiction from the "home state" court - in this case England. The England courts did not relinquish subject matter jurisdiction prior to these proceedings for a modification of the England order. However, the child is no longer habitually resident in England, and arguably the England court no longer has explicit jurisdiction. The child's father and larger paternal family are habitually resident in England, the child spends significant quantities of time in England with her family, maintains strong ties to the community and is also an England citizen. Neither mother nor child are US citizens.

Currently, the Georgia modification order is in full effect until it can be set aside. During this period, Father and child's rights will be diminished and both direct and indirect contact limited, and wholly inappriopriate to maintain relationships with father and family.

To what extent, and what is the process (if any) will the Georgia court then follow to request the English court to relinquish subject matter jurisdiction? Will Father be in a position to seek enforcement of the original order from England courts, and to argue that the English courts should maintain jurisdiction so as not to permit the Georgia courts to make such unjustifiable, contemptuous and wrongful modifications?
 
A recent (and comprehensive) modification order was issued by the Georgia courts relating to an application by the mother (now habitually resident in Georgia) for a wholesale modification of child custody, parenting time and contact order: the original terms of which were originally ordered in England. The rights granted to Father and child under the England order are now being violated and Father/daughter are being deprived of their rights to frequent contact, agreed to prior to the relocation of the child. (There are no allegations of violence, abuse, or any red flags warranting such a decrease in contact).

Under UCCJEA, the foreign court's order must be given full faith and credit, unless certain provisions apply: one of which is for the explicit relinquishing of subject matter jurisdiction from the "home state" court - in this case England. The England courts did not relinquish subject matter jurisdiction prior to these proceedings for a modification of the England order. However, the child is no longer habitually resident in England, and arguably the England court no longer has explicit jurisdiction. The child's father and larger paternal family are habitually resident in England, the child spends significant quantities of time in England with her family, maintains strong ties to the community and is also an England citizen. Neither mother nor child are US citizens.

Currently, the Georgia modification order is in full effect until it can be set aside. During this period, Father and child's rights will be diminished and both direct and indirect contact limited, and wholly inappriopriate to maintain relationships with father and family.

To what extent, and what is the process (if any) will the Georgia court then follow to request the English court to relinquish subject matter jurisdiction? Will Father be in a position to seek enforcement of the original order from England courts, and to argue that the English courts should maintain jurisdiction so as not to permit the Georgia courts to make such unjustifiable, contemptuous and wrongful modifications?


Its far more complicated than honoring the court order from an allied nation, or a signatory to UCCJEA.
It might have to do with many things procedural, and/or law related.
Its not necessarily relevant to a pinpoint legal focus or issue as you have posited in the top post.
It could be, but that requires intensive legal research to determine for sure.

You need to consult with your attorney about this and all matters pertinent to your case before the bar (any bar).
You do yourself, your case, and your attorney a disservice by muddying the water with the thoughts of uninformed strangers about your case.
What, you don't have one? Retain one.

The answer here is it depends on many things of which no one here has enough knowledge from which they can offer an intelligent response.

Sorry, meet with your attorney and seek his or opinion.
 
@boyzgrrl: For the purposes of Georgia's UCCJEA the United Kingdom was the child's home state at the time of commencing proceedings. GCA 19-9-41 defines "home state" as "the state in which a child lived with a parent … for at least six consecutive months immediately before the commencement of a child custody proceeding." GCA 19-9-44 (a) provides that, "A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this part and Part 2 of this article."

UCCJEA is between US states and foreign countries

@Armyjudge: I have an attorney on retainer, but this is exceptionally unique. No precedents or cases like it, apparently.
 
I appreciate and respect any advice I can get - honestly - but why am I wrong? This is a cut and paste of the UCCJEA provisions:

UCCJEA SECTION 105. INTERNATIONAL APPLICATION OF [ACT].
(a) A court of this State shall treat a foreign country as if it were a State of the United States for purposes of applying [Articles] 1 and 2.
(b) Except as otherwise provided in subsection (c), a child-custody determination made in a foreign country under factual circumstances in substantial conformity
with the jurisdictional standards of this [Act] must be recognized and enforced under
Article:
3.
 
Okay, let's seek some background, in a very generic way, protecting the privacy of all concerned, of course.

I'll put this puppy to rest very quickly, if things are as I suspect.

How old is the child?
Where was the child born?
Were the mother and father of child married on the date of the child's birth?
What nationality (and/or citizenship) do the mother, father, and child hold?
What passports do the parties possess (if any)?
Where is the baby residing today?
Where is mother residing today?
Where is father residing today?
Was there ever a lawful custody order issued?
How many?
From what country (and/or city, state) did the custody order(s) emanate?
Who has legal custody of baby today?
How long has that person possessed legal custody?

It appears father is seeking custody of baby.
Why is father seeking custody of baby?

It isn't related, but I must ask.
Is all child court ordered child support current?
If not, how much is owed?
To whom is it owed (mom or dad)?

Okay, let's see where this goes.



Have any of the parties ever lost their parental custody rights? Why?
If the parental rights were lost, with whom did baby reside?
Were the parental rights ever restored?
Mother?
Father?
 
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How old is the child? Five years old
Where was the child born? United Kingdom (Engand)
Were the mother and father of child married on the date of the child's birth? No, and they were never married.
What nationality (and/or citizenship) do the mother, father, and child hold? All hold British Citizenship, are all citizens of England. No parties are US citizens or holders of US passports.
What passports do the parties possess (if any)? British.
Where is the baby residing today? Georgia, but she also resides in the United Kingdom for approximately 80 days per year, with her step-siblings and half-brother.
Where is mother residing today? Georgia
Where is father residing today? England
Was there ever a lawful custody order issued? Yes.
How many? 3
From what country (and/or city, state) did the custody order(s) emanate? All of them emanated from England. The most recent custody order was ordered in Georgia, without proper subject matter jurisdiction and in contravention of UCCJEA and without giving any faith and credit to the foreign order.
Who has legal custody of baby today? Both parents have shared joint physical and legal custody. The Mother has primary custody.
How long has that person possessed legal custody? Since the birth of the child

It appears father is seeking custody of baby. Father already has shared physical and legal custody. Mother recently applied to Georgia courts for sole custody. Father responded and counterclaimed for primary custody, a return to England for child, but proposed continued shared physical and legal custody.
Why is father seeking custody of baby? parental alientation, persistent roadblocks by mother toward father's parenting time, refusal to comply with English order (which was domesticated in Georgia prior to relocation from England), attempts by mother to have father arrested where local Sheriffs refused to entertain the allegations or demands from mother to have father arrested. Mother found in contempt of violating English order by a Georgia Judge on 3 counts and fined accordingly.

It isn't related, but I must ask.
Is all child court ordered child support current? Voluntary payments have been consistently made by father. Recent modified order (by Georgia court) now stipulates child support. All court ordered child support is also current. No deviations were applied by the Georgia Court for international travel and accommodation costs incurred to maintain relationship with child.
If not, how much is owed? $0
To whom is it owed (mom or dad)? N/A

Okay, let's see where this goes.[/SIZE][/COLOR][/B]


Have any of the parties ever lost their parental custody rights? Why? : No
If the parental rights were lost, with whom did baby reside? : N/A. Child resided equally with Mother and Father when living in England
Were the parental rights ever restored? : N/A
Mother?
Father?
[/LEFT][/QUOTE]
 
Were things as you suspect?

There is further (possibly unrelated) history and context: this is the 4th home country of the child 5th school in 4 years, and is currently on the 2nd step-father in 3 years. Original proceedings were Hague Convention proceedings, which were ultimately withdrawn by Father. Father then relocated to England to safeguard and forge a relationship with child, and multiple orders were made in his favour relating to shared custody, contact and parenting time. Mother was frequently found in contempt of English orders - but with benign consequences. Mother subsequently divorced 1st husband, met 2nd husband (on the internet) who was a US citizen, got married, fell pregnant and applied to English courts to relocate to US (where Father has no rights to live or work). English courts granted permission to relocate, but with significant and liberal parenting time and contact between child and Father, and paternal family.

It was on the terms and conditions of this Order (in England) that Mother was permitted to relocate. This Order was domesticated in Georgia, and effectively enforced by a local Georgia court via a "modification order" a mere 4 months later. This "modification order" was made within the context of the originating English Order.

Mother then applies for wholesale modification of English order and sole custody within 6 months of relocating to US.

Forum shopping, anyone?
 
Okay, you have a very big problem.
In the US an unwed father must establish paternity.
Normally that's done via DNA testing.
US laws support the birth mother of an unwed child in many respects.
First and foremost, she has ALL legal parental rights.
The alleged father has none.
He must go to court to seek paternal rights.

Support is only counted when its paid pursuant to a lawful support order.
All other monies, outside court ordered monies, are nothing but gifts.

The UK court did you a serious disservice by permitting the child to leave its sovereign territory.
That rarely happens in the US, under the color of law.
It often happens by someone scurrying outside of US jurisdiction with a US child.

Your best bet is to seek redress from the proper UK court.
Any remedy you seek in a US court is likely to be highly unsatisfactory towards you.

You have a mess.
It might be time to cut your losses.
You bedded and bred a very odd person.

You also don't want the US authorities in your financial affairs, trust me.
Her next move will likely be to financially rape you for four or more years of back child support.

If you're smart as I think you to be, don't allow any US court to serve you.
Alas, that ship may have sailed.
You appear to have voluntarily become a litigant before a US court.
Somehow, it's my legal opinion you've received some very poor legal advice, or haven't been properly apprised about the negative aspects of your current litigation.

Yes, the facts you revealed are very close to what I suspected, except the location of the child's birth.

Stay out of the US, it's a nut house being led by some very extreme and idiotic types.
 
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Legitimation and recognition of my paternity and paternal rights were acknowledged by Georgia court in the first enforcement and contempt hearing - by virtue of the foreign order, mirrored in Georgia. Custody of our child is shared, legally and physically. So, the mother does not have ALL rights in this matter.

I don't think that is my problem. Nor do I anticipate any argument for back pay of 4 years of court ordered child support for a mother who has only been habitually resident in Georgia for a little more than a year. Retrospective child support payments (I understand from my attorney) do not apply in this case.

Yes, the UK court did a serious disservice, they have an unfortunate antiquated system favouring (typically) the mother. But they provided a thick layer of protection with significant and liberal contact throughout the year, and insisted on their order being mirrored, which it was before the relocation was permitted.

It is a mess - but one which (I'm hoping) the UCCJEA must and will help clean up: to give full faith and credit to the foreign order. The Georgia courts exceeded their authority to make any modifications to the foreign order, and neither counsel, Judge, nor mother or father were aware about the principles (or implementation) of UCCJEA until AFTER the hearing, and after the Order was entered.

Yes, I did voluntarily become a litigant in the US, on the basis of trying to have the English order (and therefore the Georgia mirror order) enforced and complied with.

To stay out of the US denies our child access to her father and any meaningful relationship, and entire paternal family. To not appeal and set aside this recent modified judgment deprives the child of her mirrored rights. So, a nuthouse it may be, but far more progressive (in some cases) it appears to be with father's who actually WANT to be in their children's lives. I guess it depends on which Judge you get - and how much exposure they've had to international families and competing international jurisdictions. In this case, apparently none! By his own admission. The appointed GAL wasn't even aware of the general availability of international flights outside of Atlanta! How is someone with no apparent fundamental knowledge of anything that goes on outside of a small Georgia county charged with making international family-related recommendations and untying a foreign order made after a 4 day hearing? This part, the lack of international consideration or regard to foreign court orders by the judicial representatives, is what is of deepest concern to me.

I can't stay out of the US - what has happened is a disastrous violation of basic human rights by denying both child and father unfettered and unencumbered access to enjoy a family life. It goes against various articles of the Convention of Children's Rights, and contravenes the European Charter of Human Rights.

The greatest gift to man is to be a father to his child.
 
Good luck.
I hope things work out well for all parties involved in the litigation.

All that glitters isn't gold.

Ignore the man behind the curtain.

Don't believe the hype.

The reason US authorities keep telling the citizens how great it is, is a page out of the Hitler regime. Keep telling it, over and over, louder and louder, the people will come to believe.


"If you tell a big enough lie and tell it frequently enough, it will be believed."
― Adolf Hitler


All that glitters, ain't gold!
 
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Yes, indeed. I've been in litigation over the enforcement of the foreign order since August 2013 without any personal prior knowledge of the UCCJEA provisions, and racked up significant legal fees as a result. Would it not have been the professional responsibility of any legal services professionals representing the American Bar who have heard this matter, who you would expect to have the local subject matter knowledge relating to UCCJEA, to have thought of raising the UCCJEA provisions with either parties BEFORE engaging in any litigation? It seems to me that the responsibility is on an attorney or staff of the judiciary to affirm they have jurisdiction before litigants start filing motions relating to child custody modifications, and to have been familiar with UCCJEA before accepting motions for modification. The costs associated with this extensive litigation would have been averted, which has now resulted in bankruptcy. Is this potential malpractice?
 
Yes, indeed. I've been in litigation over the enforcement of the foreign order since August 2013 without any personal prior knowledge of the UCCJEA provisions, and racked up significant legal fees as a result. Would it not have been the professional responsibility of any legal services professionals representing the American Bar who have heard this matter, who you would expect to have the local subject matter knowledge relating to UCCJEA, to have thought of raising the UCCJEA provisions with either parties BEFORE engaging in any litigation? It seems to me that the responsibility is on an attorney or staff of the judiciary to affirm they have jurisdiction before litigants start filing motions relating to child custody modifications, and to have been familiar with UCCJEA before accepting motions for modification. The costs associated with this extensive litigation would have been averted, which has now resulted in bankruptcy. Is this potential malpractice?

The ones responsible rarely name themselves.
They tend to game you, avoiding any interruption of their cash flow.
You seek justice, most seek to milk you.
You're a victim, they see you as a mark; much like the lion's pride sees the antelope herd.
Run antelope run, is all the antelope can ever do.
The lion wryly smiles.
The pride sees their next meal on the hoof.
The fastest lion only needs to outrun the slowest antelope to provide a feast for the pride.
Life's dirty little engine of despair must be served, some call it justice.
My prime advice to all potential litigants, do what we all did at age five, learned to settle it amongst ourselves.
Dr. Fulghum's excellent book about this is still relevant, "All I Really Need To Know, I Learned in Kindergarten".


https://www.goodreads.com/work/quotes/2399046-all-i-really-need-to-know-i-learned-in-kindergarten
 
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Dear army judge: I wanted to let you know, (because you may not get responses after the fact or after new Judgments are made) that the UCCJEA provisions for the modification of foreign orders were supportive of setting aside this recent order. So, a victory for now.

Judge acknowledged the court had no jurisdiction or authority to modify a mirrored order, and his original order was vacated and rendered nugatory. However, I was ordered to pay GAL fees in his original (the now vacated) order. He made a further ruling (and a separate, independent order) that I pay the GAL fees. Is this Order enforceable (or even legal) on the basis that this GAL payment order flowed from his original and vacated order? The question one might ask is: Why do I dispute paying the GAL fees -- it's because the legal professionals involved in this matter should have tested whether they had subject matter jurisdiction BEFORE engaging in the matter and the GAL.
 
Dear army judge: I wanted to let you know, (because you may not get responses after the fact or after new Judgments are made) that the UCCJEA provisions for the modification of foreign orders were supportive of setting aside this recent order. So, a victory for now.



Congratulations, any win, is a great win.

Thank you for the updates.




Judge acknowledged the court had no jurisdiction or authority to modify a mirrored order, and his original order was vacated and rendered nugatory. However, I was ordered to pay GAL fees in his original (the now vacated) order. He made a further ruling (and a separate, independent order) that I pay the GAL fees. Is this Order enforceable (or even legal) on the basis that this GAL payment order flowed from his original and vacated order? The question one might ask is: Why do I dispute paying the GAL fees -- it's because the legal professionals involved in this matter should have tested whether they had subject matter jurisdiction BEFORE engaging in the matter and the GAL.


You are free to appeal any court order.
This is simply a court order.
So, appeal it, if you dispute it.
Appeals are very tricky, and they all have certain time limitations.
Make sure you brush up on the appellate civil process involved.

This is why I advised you NOT to submit yourself to the court's authority.
They get you one way or another!
I have found it best to let sleeping dogs lie.
 
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