NJ-Immigrant Husband and NJ-Immigrant Wife have Son in US. Husband and Wife separate the year after Son is born in 2005.
Husband and Wife are divorced in the family court of Paraguay in 2008. And the Paraguay family court reportedly awards Wife custody of Son.
Wife thereafter returns to the US in 2010, reportedly sometimes leaving Son with Husband. Wife moves around in the US.
Husband then files for custody of Son in the US, but the US courts will not hear his case because Paraguay already exercised jurisdiction over Son incident to Husband’s and Wife’s Paraguay divorce.
Wife reportedly abducts Son to her native Paraguay in 2013 … two days after a NJ family court orders Wife to surrender Son’s and Wife’s passports and Wife to appear in court 2 weeks later.
Husband appears to be looking to governmental authorities in the US to secure Son’s return.
It appears that the Hague Convention on the Civil Aspects of International Child Abduction leaves Paraguay’s previously exercised jurisdiction over Son in effect.
This case is unusually complex factually, making it that much more challenging for Husband.
Husband and Wife are reportedly negotiating over an amount of child support that may induce Wife to return with Son to the US.
Read more in this NJ.com news article: N.J. dad fights to return son from Paraguay: ‘Imagine your son getting kidnapped’