In an international custody dispute, the US Court of Appeals of the Second Circuit (a Federal appeals court) ordered a 4 year old boy returned to Singapore with his father. The Court took this action despite allegations from the child’s mother the move would put him at “grave risk” of domestic violence.
There was a court order from a court in Singapore which prevented Lee Jen Far from removing her son Shayan from the country. In spite of this, she took her son from Singapore to New York. She claimed the boy would witness physical and verbal abuse against her from the child’s father Abdoloah Nagash Souragatar. She also claimed the boy would also be subject to child abuse. She alleged the father could take the boy to Iran or bring action to seek custody in Islamic courts in Singapore that favored men.
Appeals Court Holds Against Mother
The Appeals Court found “after carefully reviewing the record, Far’s arguments are permeated with conjecture and speculation.” The Appeals Court decision ordered the boy be repatriated under the Hague Convention On The Civil Aspects Of International Child Abduction.
Marital History
Lee and Souragatar were married in 2008. Shayan was born in 2009. The marriage was described as “stormy”. Lee claimed she was physically abused in front of her son. Lee brought a proceeding in Singapore Civil Court for sole custody. The father, Souragatar, filed a cross petition for sole custody. The civil court in Singapore ordered that neither parent should remove Shayan from Singapore without the other parents’ consent.
The father and mother agreed to resolve the custody issue in Singapore’s Sharia courts. In violation of the Court’s order, Lee took Shayan to Dutchess County, New York to live with a family member. Souragatar initially had difficulty locating his wife and son. When he did, he brought a proceeding in Federal District Court of the Southern District of New York under the Hague Convention claiming the child needed to be returned to Singapore. The Federal Appeals Court agreed with his arguments.
About Elliot S. Schlissel
