Hotly Disputed Child Custody Issues Can Start in Other Countries

People from all over the world come to California and sometimes they bring their child custody disputes with them. Recently, the outcome of one of them was decided in a California federal court. Rancho Cucamonga child custody attorney Taylor B. Warner represents clients involved in issues that span international borders. This case involves an American father, an Italian mother, and a child born in the US but living in Italy.

The child custody Law Office of Taylor B. Warner, APLC child custody attorneys in Rancho Cucamonga, will protect your rights and your child’s best interests no matter what country you’re from or where the dispute started. We can put our experience and knowledge to work for you. Call us today at (909) 466-5575 to schedule an initial consultation so you can better understand your situation and legal options.

Troubled Relationship Results in Child Being Taken from Mother

Claudia Ciampa lived in Sorrento, near Naples, with her extended family, when she met Eric Nichols, an American English language teacher. He lived in Italy for more than 13 years at the time.  They started a relationship and she became pregnant, according to the Los Angeles Times.

Ciampa stated in a press interview that Nichols complained about Italians and Italy. He said he wanted to return to the US but told her he’d stay in the country because he loved her. Shortly before Ciampa gave birth last year, the two travelled to the US and she gave birth to their son, Ethan, in a Cincinnati hospital.

They returned to Italy and the couple separated a few months later. Ciampa had custody of Ethan and raised him in her Sorrento home where she lived with her two other children and her extended family. Nichols regularly visited Ethan in the morning.

Ciampa testified in federal court that on August 30 she gave her son to Nichols for a visit and asked him for Ethan’s passport, something she routinely did because Ciampa didn’t trust him. He refused and drove away with his son. Ciampa said she was shocked, panicked, and feared he was taking Ethan away.

She later talked to Nichols on the phone, who told her they were going to the zoo and the beach while he was leaving the country with Ethan. He flew to London, then to the US. Nichols refused to say where he was taking Ethan and ignored her increasingly desperate text messages.

International Law Used to Help Mother Get Her Child Back

This once private family drama became a big story in the Italian media. Ciampa petitioned for help through the Hague Convention, which resulted in action by the Orange County district attorney’s Child Abduction Unit. They located Ethan and a Superior Court judge ordered the infant into protective custody. The Italian Consulate alerted Ciampa of the developments.

Eighty-two days after she last saw him, in November, Ciampa traveled to Orange County to see her son. Italian journalists went with her, and video of the event went viral in Italy. While waiting for a federal court ruling on her request to return to Sorrento with Ethan, they lived in several locations, including hotels and the homes of hosts lined up by the Italian Consulate.

Federal Judge Rules Child Should Return to Italy

Ciampa’s request hinges on Ethan’s “habitual residence.” Ciampa’s life is in Italy, and she states she never intended to move to the US. Nichols claims their return to Italy after his son’s birth was only a “temporary sojourn.” He alleges Ciampa tried to kill herself and Ethan last year, which she denies.

Nichols was in Italy when he took Ethan away from his mother, so doesn’t face criminal charges in the US. But if he returns to Italy, he faces a child abduction charge. Nichols alleges his prior attorneys led him to believe he could take Ethan to the US and advised him not to tell Ciampa where he was after he arrived. If that was their advice, it was incorrect.

U.S. District Judge David O. Carter ruled in February that Ethan’s “rightful home” is in Italy and his mother should return him there. In his decision, the judge said the child should go back to his “rightful home” in Italy:

“This case exemplifies the very conduct the Hague Convention sought to deter — the abduction of a child from their home country by a parent seeking a more sympathetic court…Father took a breastfeeding infant across international borders, believing that his American citizenship would grant him a more favorable forum. Meanwhile, Ms. Ciampa endured 82 days of heart-wrenching separation from Baby Ethan. This Court will not serve as a refuge for such actions.”

Italian journalist Antonella Delprino told the Times that sympathy for Ciampa in Italy was widespread. Nichols’ unusual profile added to the interest in the case. He’s what many Italians would consider “civilized”: a wealthy, cultured American man. Not someone they’d associate with kidnapping.

Trust Rancho Cucamonga Child Custody Lawyer Taylor B. Warner with Your Case

Many parents are from different cultures and nations. Usually, they work out their differences, but heated international child custody disputes happen, and some end up in the press. International child custody issues can be complex, so if you’re involved in one, you need experienced legal counsel from the child custody Law Office of Taylor B. Warner, APLC.

Whether you and the other parent live in the same town or on different continents, if you want to discuss child custody or representation, a Rancho Cucamonga child custody attorney can give you the support and clarity you need. Contact the child custody law firm that understands the complexities of child custody matters. You may also call us at (909) 466-5575.

Taylor Warner

Taylor has always been an advocate. Growing up the middle child with an older and a younger brother, Taylor developed a strong voice and personality and has always felt strongly about helping others. Becoming a lawyer seemed to fit Taylor’s personality and character – she is a strong leader and a bold advocate. Learn more here.