Couple was married in Turkey...Moved to USA....Wife decides to move back to Turkey to get a divorce there - Do USA custody laws apply or Turkey laws (or international?)....Marriage certificate was from Turkey and wife is not a USA citizen, but husband is.
2007-07-15 11:07:12 · 4 answers · asked by hockeyscott76 1 in Politics & Government ➔ Law & Ethics
Where are the kids? The answer to that question is critical. Neither country is likely to forcibly remove the children from the other country. As for "international law", there is no such thing. At best, it is whatever both countries agree it is. In any case, if on country ignores international law, the only possible means of enforcement if WAR. The US and Turkey will not go to war over a child custody case.
2007-07-15 11:54:26 · answer #1 · answered by STEVEN F 7 · 0⤊ 1⤋
US law doesnt normally allow alimony to be decided by a foreign court that has no personal jurisdiction over the spouse being divorced. Yet they do recognize the divorce otherwise and sever the divorce from any other award not recognized.
in cases of the custody they will often give jurisdiction to the childs home at the time of judgment though and go from there. This is from the UCCJEA and is recognized by most states. Yet in a foreign situation it is hard to say.
http://en.wikipedia.org/wiki/Uniform_Child_Custody_Jurisdiction_And_Enforcement_Act
2007-07-15 11:27:53 · answer #2 · answered by David B 3 · 0⤊ 1⤋
Well one thing I am pretty sure about. If they have children I don't think either one can move out of state unless they have permission from the judge. I think the couple needs to hire an attorney.
2007-07-15 11:13:30 · answer #3 · answered by Anonymous · 1⤊ 1⤋
whoever stays in the country the children have custady to gets the children.
2007-07-15 11:20:29 · answer #4 · answered by Chuck 2 · 0⤊ 1⤋