From Chaos to Clarity: Case Background
Our client, a Danish citizen, relocated to the U.S. with their spouse and child, also Danish citizens. After living in the U.S. for about a year, the relationship began to deteriorate. Our client and their child moved back to Denmark, registered the child’s address there, and filed a custody action in Denmark. The spouse filed an action in the U.S. for divorce and custody, requesting immediate custody and accusing our client of child abduction.
In the U.S. case, our client was not served with the petition or the motion for immediate custody, receiving only an email notification. Despite this, the U.S. court proceeded with a hearing, determining that our client had been adequately notified and issued an order finding that our client had committed child abduction. The court awarded the spouse immediate and emergency legal and physical custody, ordering the return of the child to the U.S. This order posed a significant legal challenge and was a deeply personal and emotional burden for our client, who then contacted us.
The Turning Point: Our Legal Strategy
Understanding the gravity of the situation, our team immediately devised a comprehensive legal strategy to address the multifaceted challenges posed by the U.S. court order. Two attorneys in our office, one licensed in Denmark, Ulla, and the other licensed in the U.S. state, Chelsey, represented our client, and coordinated both cases throughout the process. Our primary objectives were to vacate the unjust order and to shift the jurisdiction of the divorce and custody proceedings to Denmark, where all parties held citizenship and our client had relocated with the child.
Our first step was to challenge the U.S. court order that labeled our client a child abductor. Instead of pursuing a lengthy and costly appeal, Chelsey filed a request for reconsideration with the court, citing the lack of proper service, the Danish Family Court’s prior determination of jurisdiction, and the severe impact of the order. While U.S. courts are reluctant to vacate previous orders, Chelsey’s detailed presentation of evidence and compelling arguments convinced the court to grant the request for reconsideration. Simultaneously, in Denmark, the spouse filed an action under the Hague Convention for the return of the child. Ulla represented the client in the Hague Convention action and, after diligent representation at a hearing, the court refused to order that the child be returned to the U.S.
Shortly thereafter, in the U.S. case, Chelsey filed a formal motion related to the service and jurisdictional issues. At the motion hearing, we demonstrated that the relocation was not an act of abduction, highlighted the Danish court’s jurisdiction, and emphasized the misapplication of service of process laws. Chelsey successfully persuaded the U.S. court to vacate the previous order, which not only cleared our client’s name but also required the spouse to comply with personal service of process.
Although the U.S. court order was vacated, the case was not dismissed. In the U.S., an evidentiary hearing was set to determine whether Denmark or the U.S. was the more appropriate jurisdiction. We prepared diligently for the hearing while simultaneously working to resolve the cases in both countries. Our collaboration meant that Chelsey would be able to call Ulla as a witness in the evidentiary hearing to convince the court that Denmark was a more appropriate jurisdiction to decide custody and divorce. A pivotal moment in this case was our negotiation with the opposing party. By presenting strong legal arguments, showcasing the benefits of proceeding with the divorce and custody action in Denmark, and the hardships around proceeding with the case in the U.S., we convinced the opposing party to dismiss the U.S. case voluntarily before the evidentiary hearing. This strategic move expedited the legal process and alleviated the emotional and financial strain on our client.
With the U.S. case dismissed, Ulla concentrated on resolving the divorce and custody proceedings in Denmark. Ulla continued representation in the Danish courts, leveraging her deep understanding of Danish family law to protect our client’s rights and interests, which led to an efficient resolution.
Expertise You Can Trust
This case underscores our expertise in handling international legal matters and our unwavering dedication to achieving the best possible outcomes for our clients. At USA Denmark Law, our team of attorneys is uniquely positioned with expertise in both U.S. and Danish law, offering a comprehensive perspective on cross-border disputes. This dual proficiency allows us to navigate the complexities of international legal challenges with exceptional insight and effectiveness.
If you are dealing with an international legal dispute involving U.S. and Danish jurisdictions, do not hesitate to contact USA Denmark Law. Our experienced legal team is here to provide the guidance and representation you need to achieve a favorable outcome.
By: Attorney at Law Chelsey Petersen and Advokat Ulla Wulff Hansen