News

February 11, 2009

Denmark man: Wife took child

Petition filed in federal court claims wife fled to U.S. with couple’s child.

By Steve Mocarsky smocarsky@timesleader.com
Staff Writer
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SCRANTON – A Denmark man has filed a petition in federal court to have his daughter returned to him, alleging that the child’s mother abducted the 2-year-old from Denmark and brought the child to live with her family in Hazleton.

According to the petition, filed Monday in U.S. District Court, the child’s father, Kristijan Barbul, and mother, Helen Lenka Nikolic, had executed a “Statement of Care and Responsibility” in which the parents agreed to “jointly care for and take responsibility” for their child under Danish law.

While Nikolic’s father, Jon Nikolic, of Hazleton, was visiting his daughter in Denmark in August, he “diverted” Barbul by suggesting they go shopping together, and while they were out, Helen fled with the child to a shelter and subsequently left Denmark, the petition alleges.

Barbul contends that his parental rights under the Danish Act on Parental Responsibility were violated and is asking the court to order that his child be returned to him. He is also seeking reimbursement of attorney fees and costs, including related transportation expenses.

U.S. District Judge Richard Caputo signed an order prohibiting Nikolic from removing the child from the district court’s jurisdiction pending a judicial determination on the matter. An initial hearing has been scheduled for 11 a.m. Feb. 18 at the federal courthouse in Wilkes-Barre.

The 19-year-old Nikolic, who was holding her daughter when a reporter visited her family’s apartment on Alter Street in Hazleton, declined comment at the advice of her parents. Nikolic’s mother said her daughter would explain to the judge why and how her daughter left Denmark with the child.

Barbul’s attorney, Linda Shay Gardner, of Gardner Law Office in Bethlehem, said that because the United States and Denmark have a treaty related to child custody disputes – The Hague Convention – the countries must respect the child custody laws of the country in which the child was residing before removal without consent of both parents.

Gardner, who focuses much of her practice on interstate and international child custody cases, said there are 300 to 400 Hague cases pending at any given time.

Two Pennsylvania statutes make it illegal for a parent to interfere with the custody of a child or conceal the whereabouts of a child, and a federal statute prohibits a parent from removing a child from the country without permission from the other parent. But the Barbul-Nikolic case is a civil matter, Gardner said.

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