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A naturalized US citizen living in India was convicted of obstructing the parental rights of his child’s mother by kidnapping the child and failing to return the child to the United States when ordered to do so, US Attorney Philip Sellinger announced on Monday.
According to a Department of Justice release, Amitkumar Kanubhai Patel, 38, of Vadodara, India, formerly of Edison, New Jersey, was convicted on July 22, 2022, of one count of international parental kidnapping following a five-day trial before US District Judge Renée Marie Bumb in Camden federal court.
The international parental kidnapping offense of which Patel is convicted carries a maximum penalty of three years in prison and a maximum fine of $250,000. Sentencing is scheduled for November 22, 2022.
According to court documents and evidence presented during the trial, the child’s mother and Patel were in a relationship and resided together in New Jersey from August 2015 through July 2017. The two never married. In November 2016, Patel and the child’s mother had a child, who was born in Edison Township.
According to the child’s mother, Patel wanted to take the child to India to introduce him to Patel’s parents and obtain DNA testing, which Patel claimed was necessary for the child to claim property that Patel’s family owned in India. Patel also told the child’s mother that in order to obtain an Indian visa for the child, he would need to secure sole custody, which required them to go to court.
Patel instructed the mother to tell the court that they had a mutual understanding regarding the custody of their child. Patel instructed the mother to state that she did not have a work permit, and since she was unemployed, she could not care for her child.
On May 1, 2017, Patel took the child’s mother to New Jersey Superior Court, Chancery Division Family Court, in order to obtain sole custody of the child. According to the mother, the majority of the hearing was conducted in English with no translator. At the time of the hearing, the mother spoke limited English. The mother, who was not represented by an attorney during the hearing, answered the court’s questions as she had been instructed by Patel.
On May 2, 2017, the New Jersey Superior Court granted Patel sole legal custody of the child premised on the consent of the child’s mother to the arrangement, but specifically reserved for the mother the ability to file for joint legal custody if she so chose in future. Upon receiving the court order, Patel left for India with the child, telling the child’s mother that they would only be gone for two weeks to a month.
Patel then took the child to India and after several days in India, called the mother and said that he was never bringing the child back to the United States. The child’s mother obtained legal counsel and returned to the New Jersey Superior Court. On October 16, 2018, the New Jersey Superior Court entered an order directing Patel to return the child to the United States immediately.
On October 19, 2018, the mother’s counsel emailed the October 16, 2018, family court order to Patel, who did not return the child to the United States. On October 2, 2020, Patel and the child flew from India to the United Kingdom.
Upon arrival, Patel was arrested based on a provisional arrest request submitted by the US authorities. After a custody hearing in London, the court ordered that the child be returned to his paternal grandparents in India. Patel was subsequently extradited to the United States to stand trial.
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