Wrongful Retention of Children Allegation Is Resolved in Jonas-Turner Divorce
Even in the first few weeks since the Joe Jonas-Sophie Turner celebrity divorce was announced, the various disagreements between the Jonas Brothers singer and the Game of Thrones actress have made headlines. One of the key conflicts is that each party wants to raise their children in their home country. This led Turner to lodge a wrongful retention claim against her husband, alleging that he was improperly attempting to keep their children in the United States rather than allowing her to bring them to England.
Fortunately for them and their two young daughters, the divorcing spouses agreed to a temporary custody agreement that creates a detailed parenting time schedule running through early 2024. This arrangement is designed to give Jonas and Turner the opportunity to negotiate a more permanent framework through mediation.
Turner had filed her wrongful retention action on September 20, alleging that Jonas had taken their daughters’ passports without permission and demanding that the girls be returned to her care. While the temporary agreement was being worked out, a consent order required both parties to remain in the New York City area.
Serious custody disputes can be particularly difficult if parents going through a breakup intend to live on different continents. Countries can have vastly different standards for custody determinations and each parent might try to capitalize on a “home-court advantage” in their own nation. Under the Hague Convention, a child who is removed or retained from a parent in violation of a custody order within the prior 12 months must be returned to that parent, unless one of the specifically listed exception applies. As long as the country in question is a Hague Convention signatory, these matters should not be subject to the custody laws of that particular nation.
Even if the Hague Convention compels a court to have your child returned to you, dealing with a wrongful retention claim or another type of international custody matter could be a long, difficult process. You might not be able to reach a compromise like Joe Jonas and Sophie Tucker did. Retaining an attorney with substantial experience in this complex, contentious area of law is essential.
Bryan L. Salamone & Associates, P.C. has handled international custody disputes involving parents from China, Nigeria, Italy, Mexico, Peru and several other countries. As the Long Island divorce leader, we have a client base that reflects the diversity found throughout Nassau and Suffolk counties. As soon as you believe your child’s other parent might not be honoring your custody order, please call 1.631.479.3839 or contact us online to speak with a qualified New York family lawyer.