“Parents who choose to abscond the state with a child will carefully research whether they will be subject to criminal punishment for their actions, but they forget that the family court can also render punishment for their wrongful acts,” says Chalumeau.
Norwalk, Connecticut (PRWEB) March 03, 2014
On Thursday, February 27, 2014 a Florida court returned the child custody case involving a 3 year old who had been allegedly kidnapped by her mother back to Connecticut for further litigation. The child, who was born in and lived in Florida, was allegedly kidnapped by her mother Jamera Parker and brought to Connecticut. According to court documents, once in Connecticut the mother allegedly hid her whereabouts from the child’s father and refused to allow him visitation with the child for over a year. See CT Law Tribune Article: http://www.ctlawtribune.com/id=1202634529669/Parker-v.-DeFreitas
After a year of litigation, on November 21, 2013, a Connecticut Superior Court Judge ordered that custody of the then 3 year old child be turned over to her father, William DeFreitas, and that the action proceed in the Florida court. Parker v. Defreitas, Docket # FST-FA12-4023151-S, Connecticut Superior Court. The Honorable Donna Heller listened to evidence presented by Mr. Defreitas’ counsel, Alicia P. Chalumeau of the Chalumeau Law Group LLC which showed that despite the mother’s allegation that she fled due to verbal and emotional abuse, her claims were not credible. See Judge Heller’s full decision here: http://www.chalumeaulawgroup.com/wp-content/uploads/2014/03/Memorandum-of-decision-on-Ds-motion-to-dismiss.pdf
The Connecticut court granted Mr. Defreitas’ Motion to Dismiss the case under the state’s Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) for “unjustifiable conduct.” The UCCJEA requires that a child be living in a state for six months prior to the filing of any actions related to that child’s custody. However, if that jurisdiction is obtained using “unjustifiable conduct”, the Court has the ability to nullify the residency period and return the child to his or her home state for proceedings there.
“Parents who choose to abscond the state with a child will carefully research whether they will be subject to criminal punishment for their actions, but they forget that the family court can also render punishment for their wrongful acts,” says Attorney Chalumeau. “More and more parents appear to be under the belief that because there are no custody orders in place, they can simply remove a child from their “home state” without the consent of the other parent. This case highlights an area for improvement in our criminal laws, and a statutory provision that should be exercised much more frequently in the state family courts.”
Despite Mr. Defreitas’ victories in the Connecticut court, the Florida court’s ruling to return the case back to Connecticut forces Mr. Defreitas, a Florida resident, to continue his battle to maintain custody of his daughter in Connecticut state courts.
About Chalumeau Law Group, LLC
Chalumeau Law Group, LLC is a Norwalk, Connecticut law firm practicing family law litigation with a focus on “Father’s Rights.” Attorney Chalumeau was rated a “Super Lawyer” in 2013 in the area of Family Law. For additional information, please visit http://www.chalumeaulawgroup.com
Alicia P. Chalumeau, Esq.
Chalumeau Law Group, LLC
40 Richards Avenue, 7th Floor, Norwalk, CT 06854; (203) 957-8082