I had an affair. My wife found out about it but I did not want to get divorce or separated. Then my wife took my kids went to country where she has born(China). It’s been 1 year that they departed. Is there anything I can do about it? Can I force them to come back or Is there a lawsuit I can start about taking kids away? It’s basically a kidnapping! Is there a possiblity that I she can caught by criminal law with this subject matter?
Since the children have been gone for one year, North Carolina will no longer have jurisdiction to file a custody action. You would need to pursue a custody action where the children are currently located.
You may have had options such as an emergency ex-parte custody order or pursuing a Hague Convention claim at the time that your wife left with the children but one year later is too late to pursue these.
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