In a Decision – A.D.A. v. R.J., (an "Unreported Decision") >> the Court Held:
The Appellate Division reversed the Trial Court Decision requiring the Wife and Children to return to Qatar notwithstanding the claim of Domestic
Violence in Qatar and determined that a trial should have occurred.
Wife appealed the order declining jurisdiction and enforcing the Qatari order compelling children's return to their father in Qatar. and should have held a plenary hearing. Wife was a United States citizen who alleged Domestic Violence occurred din New jersey in 2016. The parties reconciled and Wife and children returned to Qatar.
Wife claimed the abuse escalated, she sought assistance from the U.S. Embassy and she and the children arrived in the U.S. in November 2018. Wife filed her second domestic violence complaint and Family Court issued a TRO. Plaintiff initiated legal proceedings in Qatar and Qatari court entered an order requiring return of the children pending further proceedings. Husband filed to enforce the Qatari court order, asserting Qatar was the children's home under the Uniform Child Custody Jurisdiction and Enforcement Act and moved to dismiss the domestic violence complaint for lack of jurisdiction. Family Court found children were habitual residents of Qatar, New Jersey lacked jurisdiction
The Appellate Division determined that, in this International Custody dispute, the Trial Court did not apply the correct legal standard and that a Trial was necessary.