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Family Law

: Florida Divorce - Child Custody - Domestic Abuse Law

Allegedly Wrongfully Retained Boy Must Be Evaluated by Therapist Before Court Rules on Father?s Application for Boy?s Return to France under Hague Convention on the Civil Aspects of International Child Abduction

By Janet Langjahr

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French Husband and American Wife divorce in France, where Husband, Wife and Son have been living.

Husband and Wife enter agreement that Son will live with Husband in France.

Wife has timesharing with Son in US for last year’s Christmas holiday. Wife is expected to send Son back to France on January 3rd of this year.

But Wife keeps Son with her.

Husband files for Son’s return to France under the Hague Convention on the Civil Aspects of International Child Abduction.

In a Colorado trial court, Wife alleges that Husband perpetrated domestic violence against her in Son’s presence and that Son appears to be the victim of emotional abuse by Husband.

Wife also contends that Husband had her institutionalized in France to coerce her into divorce and into agreeing to give Husband custody of Son.

Husband does not deny these allegations. Husband’s position appears to be that they are irrelevant.

The trial court disagrees … and appoints a therapist to evaluate Son’s maturity and wishes.

Read more in this Pueblo [CO] Chieftain article: Pueblo woman embroiled in international custody case and this Pueblo [CO] Chieftain article: Mother: Coerced to give up son.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on February 25, 2010 (boomark / email).

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