Former Edison man found guilty of international parental kidnapping
CAMDEN – A naturalized U.S. citizen who was living in Edison and India has been convicted in federal court 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.
Amitkumar Kanubhai Patel, 38, of Vadodara, India, formerly of Edison, was convicted on one count of international parental kidnapping following a five-day trial before U.S. District Judge Renée Marie Bumb in Camden federal court.
Court papers say the child’s mother and Patel were in a relationship and lived together in New Jersey from August 2015 through July 2017 but never married.
In November 2016, Patel and the child’s mother had a child, who was born at JFK Medical Center in Edison.
According to the child’s mother, Patel wanted to take the child to India to introduce him to his parents and obtain DNA testing, which Patel claimed was necessary for the child to claim property that Patel’s family owned in India, court papers say.
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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 the Family Division of Superior Court.
Patel instructed the mother to tell the court that they had a mutual understanding about the custody of their child. He also told her to say 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, 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, court papers say.
The mother answered the court’s questions as she had been instructed by Patel. The mother was not represented by an attorney during the hearing.
On May 2, 2017, the court granted Patel sole legal custody of the child on the condition of the child’s mother's consent to the arrangement. The ruling also allowed the mother to file for joint legal custody if she wanted to in future.
Patel then obtained visas to India for himself and the child, and booked air travel, 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.
At that point, court papers say, the child’s mother obtained legal counsel and returned to the New Jersey Superior Court. On Oct. 16, 2018, the court ordered Patel to return the child to the United States immediately.
Three days later the mother’s lawyer emailed the court order to Patel, who did not return the child to the United States.
Two years later on Oct. 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 United States.
After a custody hearing in London pursuant to the Hague Convention, the London Court ordered it was in the best interest of the child that the child be returned to his paternal grandparents in India.
Patel was subsequently extradited to the United States to stand trial.
Patel faces a maximum penalty of three years in prison and a maximum fine of $250,000. Sentencing is scheduled for Nov. 22.
Email: mdeak@mycentraljersey.com
Mike Deak is a reporter for mycentraljersey.com. To get unlimited access to his articles on Somerset and Hunterdon counties, please subscribe or activate your digital account today.
This article originally appeared on MyCentralJersey.com: Former Edison NJ man found guilty of international parental kidnapping
