Me and my husband are divorced. After several years of living in USA we nave returned to Europe. Me and my children now wants to return to US but their father would not allow it. We have double citizenship(except him). If we would go anyway could they sue me in USA?
1 Answer from Attorneys
Whether father could sue you if you return to the USA depends on which of you has been given sole custody by the court in your dissolution judgment. If he has custody, then he could file a motion to have the children returned to him. It would cost him a fair amount of money and he would probably ask the court to make you pay his attorney fees and court costs. You could contest his motion but would need some very good reasons that it is in the best interest of the children to have moved. If you have sole custody, then it depends on what your dissolution judgment says about notice requirement when one party decides to move further than some nominal distance. You might run into a bit of a problem (father could file a motion to ask the court to return the children or change custody) if the judgment requires you to give notice and you don't. I think I would need more information to advise you further. You should contact an attorney in the county or region in which the original judgment was issued AND an attorney in the county or region where the children are currently residing. You need to talk to both.