A heart-breaking custody case out of Florida was recently decided by the United States Supreme Court that gave hope to a father fighting to get his daughter back. The case, involving a former member of the U.S. Army and his wife who left him and moved to Scotland with their young daughter more than a year ago, sheds light on the danger of one spouse fleeing the country during a custody hearing.
The Supreme Court voted 9-0 in favor of the father, Sgt. Jeffrey Chafin, ordering the case to be sent back to the 11th Circuit Court of Appeals, which had previously rejected the father’s case, saying it was moot given the location of his six-year-old daughter in Scotland. The Supreme Court justices said that American courts are permitted to hear cases involving international custody battles and that the location of the child outside of the U.S. should not render the case moot.
Justice John Roberts, who wrote the opinion, said that in such cases there is a live dispute and the possibility of relief for the winning party, as such, courts have jurisdiction to adjudicate such cases. Roberts continued saying that even if Scotland refuses to cooperate, the U.S. courts would still have jurisdiction to hear the case, as the court would maintain personal jurisdiction of Ms. Chafin and can issue commands that she take certain actions even while outside the United States.
Though the decision hardly guarantees Mr. Chafin will win, it does give him hope. He understands that the battle will be an uphill one, but he is happy to finally be allowed to fight. The lower courts all denied him the opportunity to even file the case, and he said he is looking forward to having his day in court.
The case is the latest in a string of high-profile international custody disputes involving parents who absconded with children and then endured years long fights, sometimes without any satisfying resolution. If you’re in the midst of a contentious custody fight, you should consider involving an experienced child custody attorney as soon as possible to help guide you through the tricky process.
Source: “Supreme Court says Army dad must be heard in custody battle for daughter,” by Perry Chiaramonte, published at FoxNews.com.