international law Archives | Cordell & Cordell

Iraq War veteran fights custody battle after wife left for Japan

Iraq War veteran Michael Elias served overseas in 2008, and during this time he couldn’t stop thinking about returning home to his wife and two children in New Jersey. When he finally came back from the conflict, he was immediately thrust into a bitter child custody battle, Fox News reported.

His marriage fell apart soon after he returned home, culminating in a December 2008 incident where his wife fled the country, against a court order, with the couple’s two children, according to the news outlet.

“It’s not that they won’t do anything. They can’t do anything,” Elias told Fox News. “They’ve had some dialogue, but it’s like beating a dead horse. Every time, they [Japan] say they are willing to cooperate, but it’s been three years. How much longer are they going to be willing?”

CBS News reported that Elias is powerless to bring the children back home after his wife left with a boyfriend and the children to Japan. Despite pleas from State Department officials and the Iraq veteran, it is likely that they will be unable to secure their passage back to the U.S.

Irish businessman wins appeal in key divorce judgment

The problem that many American men face with divorce is that they feel too many of their hard-earned assets go to their wives following the split. A recent case in Ireland showed that this is not a problem that is confined to the U.S.

According to the Independent, a wealthy businessman in Ireland won a Supreme Court appeal that stopped him from having to pay more money to his ex-wife.

The news source reported that this ruling would have an impact on divorce in the country, as men who felt that they were unjustly forced to pay an unfairly large sum to their ex-wife may head back to court.

“Irish law does not establish a right to a clean break,” said the Supreme Court. “However, it is a legitimate aspiration.”

The ruling came as the businessman was forced to buy his ex-wife a second home on top of the €1 million house that she was living in, according to the Independent.

The Irish Times reported that the court ruled against the ex-wife in part due to the fact that she showed no attempt to invest any of the money in any type of “wealth-producing activity.”

Irish court dismisses fathers appeal to return children to US

Two boys, now aged seven and nine, were wrongfully removed from New York and taken to Ireland with their mother. Despite protests from their father over the development, the Supreme Court in the Emerald Isle ruled that the children would stay there, according to the Irish Times.

Though the children were both under the age of 10, the court took their opinions of where they wanted to live into consideration in the ruling.

“There is a growing understanding of the importance of listening to a child,” Chief Justice Susan Denham said in the ruling.

The court claimed that the ages of seven and nine were old enough for an individual to have attained a great enough level of maturity, a claim that was denied by the father of the children, according to the Times.

The Irish Examiner reported that the mother had left the U.S. and missed three scheduled court dates. This development led to the father being awarded custody in November 2010, but didn’t convince the Irish court that the children should be allowed to return to New York.

Cross-border child custody battles can take their toll on parents children

Child custody cases that involve two or more countries can be some of the saddest and most complicated of legal matters for all involved parties, according to The National Conversation.

While most custody cases are, in theory, supposed to be resolved in the best interest of the child, international cases can differ due to the many different laws that exist all over the world, the news source reported.

The case of Christopher Dahm provides a useful example of the difference in laws.

Dahm was trying to get custody of his child back when his Belgian-American wife fled with their child to the United Arab Emirates, a country without an extradition treaty with the U.S. Due to this development, his efforts were defeated by an international loophole, according to The National.

Japanese leaders have recently made a move towards an agreement with the U.S. over child custody law, as the lawmakers in that nation have expressed interest in joining an international agreement that has been signed by the other members of the Group of Seven, The Wall Street Journal reported.

Cross-border custody battle ends in tragedy for father

Danny Dimm fought for five years to be part of his son’s life following a separation from his wife, and after finally getting custody, he died in a tragic logging accident, according to the Pioneer Press.

The news source reported that after Dimm fought his former wife for custody of his son for five years in the U.S. and Canada, a court in British Columbia finally granted him sole guardianship in July 2011.

He was given his five-year-old boy following an incident where his former spouse vanished with their son instead of allowing the four-month court-ordered visit that he was entitled to.

Bartell Dimm, the mother of the boy, ran away with the child in July, and wasn’t found until August, upon which she was promptly jailed. Ownership of his son was granted to Danny prior to when they discovered the mother hiding with their kid, according to the Press.

The unfortunate accident that claimed the life of Danny occurred less than two months after they were reunited for good, and after Bartell had delayed the meeting of the father and son more than a year and a half, according to The Globe and Mail.

“He was always focused on what was best for his son,” Danny Dimm’s lawyer told the news source. “He wanted his child safe, he wanted to give his child a normal upbringing.”