Bill Calls For a Network to Help Service Members with Overseas Custody Battles

Under an amendment that was added last month to the 2010 defense authorization bill, the U.S. military would be responsible for creating an official support network for service members whose children are abducted overseas.

The amendment was introduced by Rep. Chris Smith (R-NJ) to help people like Navy Cmdr. Paul Toland, who's been fighting for custody rights to his daughter in Japan for more than six years. After Toland's Japanese-American wife moved to back to Japan with their daughter, Toland said he received bad legal advice from a military lawyer, who told him to pursue the case in a Japanese court.  When Toland later tried to pursue the case in the United States, a U.S. court refused to hear his case.  In addition, the fact that Japan does not recognize foreign custody orders has only complicated the situation further.

Smith's measure calls for the Defense Department to establish a database for tracking cases and a system of uniform legal advice for servicemen and woman regarding divorce from a spouse of foreign nationality.

Currently the State Department is responsible for tracking and assisting parents whose children are abducted overseas. At this time, the State Department does not track cases involving service members, but is working to improve its relationship with the military in order to provide better advice, guidance, and assistance to the troops.

The bill still needs to be reviewed by a conference committee and reapproved by the House and Senate before it can become law.

For more information about this amendment, please click here to find a family law attorney near you.