International Marriage Couple Faces Legal Dispute Over Unauthorized Exit of Children

A man in an international marriage has appealed for help, stating that his American wife took their children abroad without his consent.

On the broadcast of YTN radio's "Lawyer Jo In-seop's Counseling Center" on the 1st, a case of unauthorized exit involving a Korean husband and an American wife was introduced.

The Korean man, referred to as A, shared that he married an American instructor he met at an English academy, but his wife struggled to adapt to life in Korea.

According to A's testimony, his wife refused to eat Korean dishes like doenjang jjigae or kimchi, insisting on pizza for breakfast, hamburgers for lunch, and pasta for dinner.

A reported that his wife often expressed a desire to be in the U.S. at least on weekends, saying, "I want to be in a spacious area where I can be alone and not crowded."

Cultural Conflicts and Legal Responses in International Marriages

The situation escalated when A's wife took their children from kindergarten and left for the U.S. without any prior notice.

When the designated time for picking up the children passed and they did not return home, A inquired with the kindergarten, only to find out that his wife had taken the children.

At that time, his wife's mobile phone was turned off, and it has been confirmed that the children, who hold dual nationality in Korea and the U.S., are currently residing in America. Lawyer Kim Na-hee proposed a legal solution.

"Since the last common residence of the couple is in Korea and A continues to reside in Korea, he can file for divorce in Korea under Article 56, Section 1, Item 4 of the Korean International Civil Act," she explained. She also noted the difference in legal treatment, stating that parental abduction is considered a federal crime in the U.S. that can lead to imprisonment, while it is relatively difficult to impose criminal penalties in Korea for a parent's act of taking their children.

Utilizing International Law for Child Return Procedures

To address this international child abduction issue, the use of the Hague Convention on the Civil Aspects of International Child Abduction has been suggested.

Lawyer Kim advised, "If the petition for the return of the child is accepted, the U.S. government can take measures to compel the return of the child to Korea."

A was informed that the specific procedures he should undertake include filing for divorce and custody designation in Korea, and submitting a request for child return support to the Ministry of Justice. Additionally, the importance of securing objective evidence that his wife took the children illegally was emphasized.

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