This story in our series can show you how the cost of litigation can sometimes force cooperation.

9. Marriage of Ali and Fatimah 

Ali and Fatimah’s divorce started when Fatimah joined the Shiia Muslim sect.

To Ali, a Sunni, that was an ultimate betrayal and insult.  Fatimah has taken their two minor kids to Georgia to visit relatives and when they got there, she told him that they are planning to reside in Georgia.  Fatimah was not allowing Ali to have any contact with the children.

I filed a Petition for divorce for Ali and requested the court to order Fatimah to return the children to California as she has kidnapped the children.  Fatimah has hired a big firm who challenged the Court’s jurisdiction stating that Georgia Court has jurisdiction over the children since they reside in Georgia and that California had no jurisdiction to make orders regarding the children.  The issue was which state is the state of residence of the children.

I argued that since the mom has moved the children outside of the state without Dad’s permission, it is considered kidnapping and the home state is where the children have resided.  The court ordered in Fatimahs’ favor.  I brought an appeal on behalf of Ali.  Due to the expenses of handling an appeal, Fatimah became willing to work things out with Ali and they reached an agreement with respect to the children.