She took my kids oversea! Help!

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.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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