CASELAWS

Mota v. Mota, 422 F.3d 177 (2005). In this case, the United States Court of Appeals for the Third Circuit held that a United States court has jurisdiction over a child custody case if the child is a United States citizen, even if the child's other parent is a foreign citizen. The court reasoned that the United States has a strong interest in protecting its citizens, including child citizens.

• ILLUSTRATION
  An American citizen, A, marries an Indian citizen, B. They live in the United States and have a child together. When the child is 5 years old, A and B get divorced. B stays in the United States with the child, while A moves back to India. A agrees to pay child support and alimony to B, but he stops making the payments after a few months. B files a motion in the United States court to enforce the child support and alimony order. The court finds A in contempt of court and orders him to pay all of the back payments, plus interest.
• ILLUSTRATION
  An American citizen, A, marries an Indian citizen, B. They have a child together and live in India. When the child is 2 years old, A and B get divorced. A moves back to the United States, while B stays in India with the child. A and B agree to a visitation schedule, but B refuses to let A visit the child. A files a motion in the Indian court to enforce the visitation order. The court finds B in contempt of court and orders her to allow A to visit the child.
• ILLUSTRATION
  An American citizen, A, marries an Indian citizen, B. They have a child together and live in the United States. When the child is 3 years old, A and B get divorced. A wants to move back to India with the child, but B refuses to let them go. A files a motion in the United States court for permission to relocate with the child.
  ‍
  The court considers the following factors when making a decision on a relocation motion:
• The child's best interests.
• The reasons for the relocation.
• The relationship between the child and each parent.
• The impact of the relocation on the child's relationship with each parent.
• In this case, the court will need to weigh these factors when deciding whether to allow A to relocate with the child.

• ILLUSTRATION
  An American citizen, A, marries an Indian citizen, B. They have a child together and live in the United States. B is abusive towards A and the child. A files for divorce and seeks a restraining order against B. The court grants A the restraining order and orders B to leave the home. B refuses to leave the home and continues to abuse A and the child. A files a motion in the United States court for contempt of court. The court finds B in contempt of court and orders him to jail.