A Local Case of “Child Abduction” Involving the Country of Japan

kent_swaim.jpgOn October 24, 2009, our Ohio Family Law Blog published an article entitled, “U.S. Father Arrested In Japan For Picking Up Children ‘Abducted’ By Ex-Wife…The Rest Of The Story”!  On Sunday, August 15, 2010, the Dayton Daily News published a human interest news story entitled, “Dad With Custody Can’t Get Kids From Ex-Wife In Japan”.  The 2009 article involved a Father from the State of Tennessee having a former Wife secret his two children away to the Country of Japan without his knowledge or consent. The most recent incident reported in the Dayton Daily News involves a Father residing in the State of Ohio whose Wife secreted his two children to the Country of Japan without his knowledge or consent before the termination of the parties’ marriage.  The subject Father, Kent Swaim, is a client of our firm.  He has given us permission to share his story!

Facts of the Kent Swaim Case:

  1. Kent Swaim (“Husband/Father”) is an active duty member of the United States Air Force.  While serving his country in Okinawa, Japan, the parties met at an ice cream parlor on the island.  They dated one another and he later married Miyuki on May 21, 1999.  
… Read More... “A Local Case of “Child Abduction” Involving the Country of Japan”

Get Your Ex’s Consent To Travel Abroad With Your Minor Child, Avoid Feeling Like You Just Went Over Niagara Falls in a Barrel!

child_travel.jpgIf you are planning a foreign vacation this summer, you had better plan ahead to determine all the necessary travel documents that you will need.  This can be a much more complex issue than one might think.  A good place to start is the U.S. Department of State International Travel website or you can call them at (877) 487-2778.

I do not intend to try to outline all the various documents required for each international destination, but rather to alert our readers of a requirement that is more obscure.  In recent years, concerns about international child abductions have increased; and as a result, new travel restrictions have been imposed including border officials becoming much more cautious when they encounter a child traveling without both biological parents.  Just having a child’s birth certificate is not enough.  It is wise to bring a copy of the legal custody orders with you.  But in addition, did you realize that a child departing the U.S. and traveling with only one parent, grandparents, a guardian, or another adult or group, must have a notarized Travel Consent Authorization document from both birth parents or legal guardians?

This is true even if you are planning a quick … Read More... “Get Your Ex’s Consent To Travel Abroad With Your Minor Child, Avoid Feeling Like You Just Went Over Niagara Falls in a Barrel!”

Child Abduction a Worry? Do You Have a Passport Block in Place?

abduction.jpgFor those of you that read our Ohio Family Law Blog regularly, you are familiar with problems that may arise when your children travel internationally.  Specifically, one parent may abduct your child to his or her home country.  Another issue may be that you send your child to visit his or her parent in another country and that parent refuses to allow the child to return.  If the country that the child is in is a signatory to the Hague Convention, there are mechanisms that may assist the parent in obtaining the child’s return.  This process, however, can be costly, time consuming, and produce uncertain results.  So you ask, what steps can you take to protect your child from ever being placed in that position?

The United States Department of State has anticipated that very problem and has instituted a program that may alleviate some of those fears.  The Children’s Passport Issuance Alert Program (“CPIAP”) was established to fight child abduction of any kind.  Essentially, the program creates a protocol where a parent or both parents is contacted if there is a passport application made on behalf of a child who is registered.  The parent who is notified then has … Read More... “Child Abduction a Worry? Do You Have a Passport Block in Place?”

In Camera Interviews of Children in Divorce Court

camerain.jpgWhat is an in camera interview? The phrase “in camera” is a Latin term defined in Black’s Law Dictionary as: “In chambers; in private.”  The interview does not involve a camera or a videotape at all!  If a party is asking for the Court to have an in camera interview of a minor child, the request is for the Judge or Magistrate to interview the minor child privately with neither parent or his/her attorney being present.  An Appellate Court in Michigan said it very well years ago . . .

“A child custody determination is much more difficult and subtle than an arithmetical computation of factors.  It is one of the most demanding undertakings of a trial judge, one in which he must not only listen to what is said to him and observe all that happens before him, but a task requiring him to discern and feel the climate and chemistry of the relationships between children and parents.  This is an inquiry in which the court hopes to hear not only the words but the music of the various relationships.”  Dempsey v. Dempsey, 96 Mich. App. 276, 289 (1980).

What is the goal of an in camera… Read More... “In Camera Interviews of Children in Divorce Court”

They Fight For America and Upon Return Must Fight For Their Children…

mturner.jpgRecent articles and news programs have focused upon active duty military members who have returned from overseas tours of duty (often in the Middle East) to find themselves engaged and involved in “custody battles” with former spouses who are arguing it would be in the “best interests” of the minor child/children to remain with the parent who has provided care and custody during the year(s) the military parent was deployed overseas.

Michael R. Turner, R-Ohio, a member of the House of Representatives, has been trying for the past three to four years to pass an amendment to the National Defense Authorization Act (“NDAA”) which would provide military parents child custody protection while they are serving out-of-country on active duty with any branch of the military service.  To read Turner’s proposed amendment, click here. In a pointed letter directed to the Secretary of Defense, Robert M. Gates, on September 30, 2009, Representative Turner wrote:

“What is particularly troubling (to me) is that the Department of Defense has misplaced priorities with regard to federal protections for service members.  It has no objection to the FY10 NDAA House language allowing service members to cancel their cell phone contracts without penalty after orders … Read More... “They Fight For America and Upon Return Must Fight For Their Children…”

Here Comes the Judge: A Little Insight for Your Child Custody and Divorce Case

hjudge.jpgMichael Mastracci, an attorney from Baltimore, Maryland, publishes one of my favorite blogs, “Divorce Without Dishonor.” He is a huge proponent of utilizing the collaborative law model in divorce and custody matters whenever possible. He recently posted an excellent piece, with which I agree, well worth sharing. I have added a few of my own thoughts at the end.

When I was in law school one of the adjunct professors was a circuit court judge with years of experience presiding over cases involving dueling parents arguing about virtually every aspect of their children’s lives. His advice, probably the best advice in three years of law school, was to know your judge. His Honor was not speaking about knowing the judge personally (although that never hurts) but knowing what he or she is likely to do in any given situation or factual scenario. What does that mean?

People often tend to forget that judges are people, people who likely either knew the governor or knew people close to the governor in order to get appointed. Judges are not necessarily appointed because they are smart. There is no judgeship test or certification to wear the robe once appointed (that … Read More... “Here Comes the Judge: A Little Insight for Your Child Custody and Divorce Case”

Fathers are Indeed Important!

dadimport.jpgA large body of research overwhelmingly suggests children do best when they have both a mother and a father involved in their lives. Specifically, children whose fathers participate in raising them do better in school, are less likely to get into trouble with the law, and are more likely to be better parents themselves. While more fathers are being awarded legal custody of their children, the statistics seem to indicate that the majority (between 75 and 85 percent) are awarded to mothers. Today, nearly 20 million children live in a home without a father (2002 U.S. Bureau of the Census). Recent Census Bureau child-custody statistics indicate that nearly 40% of non-custodial fathers have no access or visitation rights whatsoever with their children.  A very troubling statistic, indeed! Of those that do have visitation rights, what percentage are actually seeing their children regularly? The statistics in the studies vary greatly. But it seems clear that frequently the amount of contact the children have with their fathers diminishes over time.  A recent study published in the Journal of Marriage and Family finds that children born outside of marriage are less likely to be visited by their father when the mother is involved in … Read More... “Fathers are Indeed Important!”

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