Jurisdiction Concerns

[LeftBehindinGA]

My ex and oldest child live in a foreign country. My youngest child and I live in GA.

Current court order which addresses custody, visitation, and child support was entered earlier this year in GA.

Ex has repeatedly violated the current order (as well as previous GA court orders).

Ex now wants me to agree to stipulate to a foreign court order which would eliminate his child support arrearage, eliminate any visitation schedule between myself and my older child, modify the visitation restrictions between my ex and our younger child. (These restrictions were put into the GA order based on recommendations from the US State Dept. to guard against parental abduction and/or wrongful retention in the foreign country.)

Questions:

1. Is it possible for the foreign court to enter such a stipulated order given the fact that my younger child resides in the state of GA and has never even visited this foreign country?

2. Would I be voluntarily reliquishing GA's jurisdiction over the child living in GA by signing such an agreement?

3. Are there any other risks to this that you see?

Thank you.

[socrateaser]

>Questions:
>
>1. Is it possible for the foreign court to enter such a
>stipulated order given the fact that my younger child resides
>in the state of GA and has never even visited this foreign
>country?

Stipulated means agreed to. If you don't agree to it, then the foreign court can't enter it. Can the court just make up an order. Yes, but no U.S. court has to honor the order, if they know that it was obtained without reasonable due process.

>
>2. Would I be voluntarily reliquishing GA's jurisdiction over
>the child living in GA by signing such an agreement?

Yes.

>
>3. Are there any other risks to this that you see?

The risk is that the child is removed to the foreign jurisdiction and you will never see him/her again.

Also, if a U.S. court refuses to recognize the order, you could end up with the worst of both worlds.