Reply to Sophie Turner and Joe Jonas headed to divorce

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]The September 6th order requiring the kids to stay in the US was almost certainly written by Joe's legal team with boilerplate language about what the parties can and can't do pending a hearing. That's standard procedure with an initial filing as it allows the judge to simply review and sign, since one day is not enough time for a judge to make a merit-based determination on what should happen with the kids. It's just an order that will say "party A is filing for divorce, party B has x days to respond, a hearing will be scheduled according to [whatever procedure], in the meantime, the parties must/must not do the following [including leave the country with the kids]." It would be standard procedure in large part to prevent a child abduction by a disgruntled spouse, since sadly and of course sometimes that's what happens when someone files for divorce.

That order will last, at most, a few weeks, and I find it highly unlikely that Sophie, a UK citizen, will not be permitted to take her children, also UK citizens, back to the UK within a very short period of time, once it is clear that she will be complying with court orders and has no intention of denying Joe access to the children or giving him custody according to any agreed upon arrangement. The kids could be in the UK as early as October.

I also think it's highly likely the Florida case will be soon remanded to SDNY, where Sophie filed, given that Joe failed to establish residency in Florida for purposes of custody proceedings, neither party resides or owns property in Florida, and both parties are currently located in NY. Plus NY is more accessible from London and, as these proceedings are likely to drag on a bit based on the initial behavior of the participants, it is likely the kids will be moving back and forth between the US and UK and NY makes more sense in terms of limiting the burden on the kids.[/quote]

[b]According to the statement from Jonas's lawyer, there was a meeting between the two sides and the understanding was that cusotdy would be shared and each would have their custody time in their respective countries.[/b] According to the statement, the day after that meeting Sophie filed suit alleging abduction and also stating she ended to take the children to the UK permanently. It seems both teams are doing legal wrangling here. This is the statement from Joe's team.

'After multiple conversations with Sophie, Joe initiated divorce proceedings in Florida, as Florida is the appropriate jurisdiction for the case. Sophie was aware that Joe was going to file for divorce. The Florida Court has already entered an order that restricts both parents from relocating the children. Sophie was served with this order on September 6, 2023, more than two weeks ago.

'Joe and Sophie had a cordial meeting this past Sunday in New York, when Sophie came to New York to be with the kids. They have been with her since that meeting. Joe’s impression of the meeting was that they had reached an understanding that they would work together towards an amicable co-parenting setup.

'Less than 24 hours later, Sophie advised that she wanted to take the children permanently to the UK. Thereafter, she demanded via this filing that Joe hand over the children’s passports so that she could take them out of the country immediately. If he complies, Joe will be in violation of the Florida Court order.

'Joe is seeking shared parenting with the kids so that they are raised by both their mother and father, and is of course also okay with the kids being raised both in the U.S. and the UK. The children were born in the U.S. and have spent the vast majority of their lives in the U.S. They are American citizens.

'This is an unfortunate legal disagreement about a marriage that is sadly ending. When language like “abduction” is used, it is misleading at best, and a serious abuse of the legal system at worst. The children were not abducted. After being in Joe’s care for the past three months at the agreement of both parties, the children are currently with their mother. Sophie is making this claim only to move the divorce proceedings to the UK and to remove the children from the U.S. permanently.

'Joe has already disavowed any and all statements purportedly made on his behalf that were disparaging of Sophie. They were made without his approval and are not consistent with his views. His wish is that Sophie reconsider her harsh legal position and move forward in a more constructive and private manner. His only concern is the well-being of his children.'[/quote]

That goes a lot further than what the statement actually says about the meeting, which is that "Joe’s impression of the meeting was that they had reached an understanding that they would work together towards an amicable co-parenting setup."

Speaking of the statement, the idea that Joe would be violating the court order by giving Sophie the passports sounds pretty silly.  First, I have to think the "order," such as it is, would only prevent one of the parents from relocating the children without the permission of the other. Surely it doesn't say the children cannot leave even with the permission of both parents? But even if it does, I don't see how Joe providing the passports to Sophie would violate any order.

I also continue to wonder about what exactly this "order" says.  The kids aren't in Florida, they are in New York with Sophie right now.  Does the Florida "order" say the kids have to stay in New York?  Can they go anywhere in the U.S. -- just not back to England?  I think these orders are mostly to keep the parents/kids in the home state while the divorce is hammered out, so I have no idea how it operates with the kids already in an entirely different state.[/quote]

If Sophie is claiming that Joe abducted the children while the kids are physically with her is that a mark against her? Doesn’t she have UK passport for the kids? If the other parent does not give her permission to take the kids out of the country does it really matter if she has their passport? She is not going to legally remove a US citizen out of the country without the other parents consent.[/quote]

Sophie didn't claim Joe abducted the kids while they were with her. You have to read her allegation in total, but she's actually saying that he removed the kids from the UK against her wishes, and that his failure to return them to the UK as previously planned is the abduction. Essentially she's arguing that he took them out of the UK on false pretenses (claiming they were just visiting while he was on tour), but then while in the US, filed for divorce and now won't allow them to return. I don't think it's a slam dunk case but it's a nuanced argument with some merit.[/quote]

Yeah, the "abduction" terminology is basically a function of the laws that give rise to her claims -- the Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act.  She didn't put out an amber alert or anything.  She says explicitly in her filing that she currently has physical custody of the children in New York, and her claim is that Joe is wrongfully retaining the children in the U.S. by not giving her their passports.

I am just a single national, so I don't know how using two passports works, but for all I know Joe could have both the UK and US passports for the girls from taking them over to the U.S. in July.  Plus this state department website (https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/Advice-about-Possible-Loss-of-US-Nationality-Dual-Nationality/Dual-Nationality.html#:~:text=U.S.%20nationals%2C%20including%20U.S.%20dual,enter%20and%20leave%20that%20country) says that dual nationals have to use their US passport to enter and leave the country, so it seems like even if Sophie has the UK passports she would still need the US passports to take the girls out of the country.[/quote]

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