Actor Sophie Turner sues ex Joe Jonas over children's passports
Charlie Bond
Netmums contributorThe Game of Thrones star has filed a lawsuit against her ex-husband as he ‘refuses to hand over children’s passports’
Actor Sophie Turner is suing pop star Joe Jonas for the return of their 2 young children to England, it's been reported.
In court documents, Sophie, 27 alleges Joe, 34 has refused to return their passports, meaning she can't fly them to England from America, according to NBC, Sky News's US partner.
The pair – who are are divorcing after 4 years of marriage share Willa – 3 and a second daughter who hasn’t publicly been named, who was born last year.
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Their children were born in America, but apparently the pair had agreed they would live in the UK.
The court documents, filed Thursday in U.S. District Court for Southern New York, said the couple’s children, born in 2020 and 2022, have been 'wrongfully kept in New York City' since Wednesday from 'their habitual residence' in England.
The petition says Sophie, who stared in the Game of Thrones, and Jonas, the Jonas Brothers singer, had agreed England would be their permanent home in April, because they wanted their children to attend school there.
They moved into a rental on a long-term basis in May and entered contracts to buy a home in July, with a plan to move there in December, the filing says.
Custody battle
In their divorce papers, it's said it was agreed that the pair would have joint custody of their daughters, splitting their time between the US (where both girls were born and where Joe is from) and the UK where Sophie is from.
It’s believed the girls and a nanny have been with Joe while he’s been on tour in America with his band The Jonas Brothers, while Sophie worked on TV series Joan, which she’s been filming in the UK.
While this ‘temporary arrangement’ was apparently agreed by both parties, it now seems as though things may have gone sour, as Sophie has apparently been prevented from bringing the children to the UK.
Passport problems
Sophie flew to New York on 17 September and allegedly asked Joe for the girls’ passports so that she could take them to the UK, but he apparently refused, stating that it would be in breach of order from the Florida court where he filed for divorce.
The mother of 2 then filed the lawsuit against her former husband, requesting to secure ‘the immediate return of children wrongfully removed or wrongfully retained’.
The father has possession of the children’s passports,’ the legal paperwork reportedly claims: ‘He refuses to return the passports to the mother and refuses to send the children home to England with the mother.’
'The children were born in the US'
A spokesperson for the singer said: 'Joe is seeking shared parenting with the kids so that they are raised by both their mother and father, and is of course also okay with the kids being raised both in the US and the UK.
'The children were born in the US and have spent the vast majority of their lives in the US. They are American citizens.'
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A mutual decision
The pair had announced on 5 September that they were filing for divorce, saying in a joint statement: ‘A statement from the 2 of us. After four wonderful years of marriage we have mutually decided to amicably end our marriage.
'There are many speculative narratives as to why but, truly this is a united decision and we sincerely hope that everyone can respect our wishes for privacy for us and our children.’
Divorce proceedings
The spokesperson for Joe also suggested that Sophie was filing the lawsuit as a way to ‘speed up divorce proceedings’, saying: ‘After being in Joe’s care for the past 3 months at the agreement of both parties, the children are currently with their mother.
'Sophie is making this claim only to move the divorce proceedings to the UK and to remove the children from the US permanently.
‘His wish is that Sophie reconsider her harsh legal position and move forward in a more constructive and private manner.
'His only concern is the well-being of his children.’
What are the laws on travelling abroad with kids after a divorce?
Marc Etherington, Legal Director at international divorce lawyers Rayden Solicitors, has this advice for parents who might be facing a situation like Sophie and Joe's:
What should a parent do if their ex wants to move to another country and they have joint custody of their children?
'If you intend to leave the jurisdiction where the children are permanently based, do not leave that jurisdiction with the consent of the other parent, who is likely to have parental responsibility. If they do have parental responsibility and you remove the children from the United Kingdom a criminal offence will be committed, unless you have a ‘lives with’ child arrangements order - this order does allow you to remove the children for up to 28 days without the consent of those with parental responsibility.
'The best step to take is to reach an agreement with the other parent about removing the children. If you can reach an agreement, it is important to have it confirmed in writing as this may be needed at border control. This could be achieved by way of drafting a consent form signed by the other parent. If it is difficult to reach an agreement, you may then want to explore other methods to help achieve a resolution. For example, correspondence from a family lawyer or through mediation.
'Sadly, if no agreement is reached you would need a third party to grant permission to relocate. This could be achieved by way of arbitration. However arbitration can only take place if agreed by all those whose consent is required, usually the parents. You could also make an application seeking the court’s permission to relocate.'
What does the law say when parents disagree about where their children will live?
'It is illegal to remove the children from the United Kingdom without the consent of all those with parental responsibility. However, if you have a ‘lives with’ child arrangements order in your favour you can remove the children for up to 28 days without the consent of those with parental responsibility. This would be useful to a parent who wishes to take the children on holiday, for example, but this cannot be used when someone wants to permanently relocate abroad.
'The children’s welfare is the paramount consideration when it comes to the law and deciding where children will live. One significant issue is the practical viability of ongoing meaningful contact between the children and the parent they are not living with. Other factors that will also be considered are the practicalities, the distance, the financial resources of the parties, the future education and social opportunities for the children, and also the ability to enforce any domestic order abroad in a foreign country.
'Once the relocation has happened however, the domestic law/court shall cease to have any ongoing jurisdiction with respect to the children and that is why it is important to have an understanding about the ability of a foreign jurisdiction to be able to recognise and enforce any domestic order.
'These can be difficult cases to decide and, therefore, it is important to get early legal advice if possible.'
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