divorce question.

[abrakadbabra]

Hi,

I live in denmark and my wife is in other country (outside europe) with my kid (abducted 4 years ago). I want to serve divorce papers on her from here on the grounds of desertion and child abduction.

I want to know what provisions will be available to her from Danish law's point of view?

Can she contest the divorce from other country?

And, if she manages to come to Denmark to contest it, will court ask me to bear the expenses of her travel and stay?

Will she have to hire the lawyer on her own expenses or will court provide her with one?

If she comes to denmark to contest it, can I request the court to ask her to produce the child also?

And, if the child is produced can, what can I do to ensure that he does not go back as he was abducted from here?

I know that court might not grant me the child custody has he has been with mother for 4 years now and have not seen me, but can I request court to not let mother take him back so that I can be given access rights?

[mh1]

Your wife is not obliged to come to DK even if she is served your divorce application. If she should come, she will have the same right to legal aid as anyone else: when it is a divorce and/or custody case, it depends on one's income only.

On the other hand, she cannot contend a divorce, as you as living in DK have a right to get divorced. Since you and she has not been living together for more than 2 years you have a right to get divorced directly, without separation. On top of that, you also have this right because she has taken your common child abroad without your consent.

However, if she is not in a country which has signed the Hague convention on child abduction, you will most likely not be able to get any help to get your common child back to DK, divorce or not.

Your wife may choose to ignore the whole thing, and there's not much you can do about that.

[abrakadbabra]

Hi mh,

thanks again for your replies....I dont know what this forum would be without learned people like you....I thank you on the behalf of all the members of this forum..

mh, I want to file for divorce with some acceptances....first, I know that my wife will be given child custody, because of child welfare and second, I accept that danish authority will not be able to get my child back because this hague convention thing. As a matter of fact, they have already shown me their helplessness, in this case.

as far as my wife's coming to denmark is concerned....i know that she will try to come here to participate in the divorce proceedings, because she is after my money...

Since, I will file divorce on the grounds of child abduction (ofcourse, i will need to prove that) and separation of more than two years, can you give me any rough idea,
what reliefs can she get from the court?
and can I ask the court for asking her to produce the child?

[mh1]

I don't know whether you have already, otherwise you should read this info carefully:

http://www.statsforvaltningen.dk/site.aspx?p=6396

In short: you have to apply to the State Administration 'Statsforvaltningen' first, it is NOT POSSIBLE to apply directly to the courts.

If do not know whether the court would make a decision about your wife having to bring the child to DK, but I doubt it.

As in your other thread, I will advice you to find an attorney with international private law as his/her special field. There are some here - look for the ones who have 'Familieret' also: http://juralisten.dk/advokater/fag/inte ... privatret/

[abrakadbabra]

thank you so much, mh.