Custody Case transfer blocked.
Quick action blocks transfer of custody case to Canadian court, and results
in arrest warrant
issued for mom's refusal to return kids to U.S.
When a Sunbury man's ex-wife decided to move to Canada more than a
year ago, the father agreed to allow the couple's two children to
go with her but maintain custody over the summer and certain holidays.
What should have been a simple agreement has turned into a fight over
the father's right to see his teenage children and resulted in Northumberland
County President Judge Robert B. Sacavage taking the unusual step of issuing
a bench warrant for the mother after she failed to appear as ordered with
the two children at a Sept. 5 hearing.
At issue was the mother's surprise filing before the Northumberland
and Canadian courts seeking to have the case moved to Canada, claiming
the children do not want to see their father.
Quick action by Marc A. Scaringi, representing the father, succeeded in
convincing Judge Sacavage to rule in favor of father's request to
keep jurisdiction of the case in Northumberland County. Although the Canadian
court has yet to rule on jurisdiction, the Northumberland County court
ruling in father's favor will certainly strengthen father's case
in the Canadian court.
In addition to issuing the bench warrant for the mother, Judge Sacavage
continued the Sept. 5 hearing to Oct. 31 and reiterated his order that
she appear with the two children.
"I've been involved in hundreds of custody cases and this is
the first time I've seen a bench warrant issued for either party,''
Scaringi said. "It's unfortunate the case has come to this, but
my client is a good father who loves his children and wants to be a part
of their lives.''
Scaringi said he hopes the bench warrant will help the mother understand
that she must comply with Judge Sacavage's order and allow the children
to visit with their father.
Significantly, a Canadian judge refused to grant the mother's emergency
request to keep the children in Canada and to transfer jurisdiction to
that country. Instead the judge scheduled a Sept. 23 hearing, purposely
timing it to occur after Judge Sacavage's session. Scaringi said he
is hopeful the Canadian court will defer to the jurisdiction and authority
of the Northumberland County court.
In countering the mother's claims, Scaringi had 17 witnesses present
in court for the Sept. 5 hearing to talk about the father's close
relationship with his children. Witnesses who testified included a Northumberland
County Children & Youth Services case worker, the family's pastor
and two friends of the children, who told Judge Sacavage they missed the
children and wanted to see them again.
The father last saw his children for one week in March.
Scaringi said he is hopeful that the testimony will be enough to help
convince the Canadian courts to agree that the case belongs in Northumberland County.
"There is ample evidence showing my client is a good father and has
a loving relationship with his children,'' Scaringi said. "We're
hopeful that we can prevent a potential jurisdictional dispute with the
Canadian courts.''
The father, who had primary custody of his children before agreeing to
let them move to British Columbia with his ex-wife, said the ongoing battle
has been emotionally draining.
"It's been heartbreaking,'' he said. "My utmost
concern is for my children. I live and breathe for them, I don't know
how else to put it.''