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Italian Wife and Husband in Georgia Dispute Child Custody Jurisdiction

By Janet Langjahr

Italian Wife, American Husband and their five year old Son live in Georgia.

Husband is arrested for domestic violence.

Wife takes Son back to live in Italy.

Wife files for divorce in Italy, where Wife and Husband were married.

Husband challenges jurisdiction in Italy, and files for divorce in Georgia.

Georgia family court awards Husband temporary custody of Son.

Italy grants Wife a divorce, and awards Wife custody of Son.

Georgia divorce court holds that Italy has jurisdiction and dismisses Husband’s divorce case in Georgia.

Husband appeals the Georgia divorce court’s dismissal of his case.

Even where the courts of a jurisdiction may exercise jurisdiction, they may also decline to exercise jurisdiction.

In ruling on jurisdiction, the Court may also consider domestic violence and likelihood of harm to the child.

A ruling from Georgia’s appellate court is not expected for months.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on September 20, 2010 (boomark / email).