An order by a Missouri court to award custody of an infant child to her natural father has been overruled by the High Court in American Samoa.
The court said in it’s decision that the Missouri court did not have jurisdiction and that the mother, Ema Tagaloa aka Ema Stanbury, was not provided with reasonable notice and an opportunity to be heard under what it called ”the notice provisions of the Parental Kidnapping Prevention Act”.
The court also ruled that Tagaloa was denied her opportunity to contest the validity of the Missouri order under the Uniform Enforcement of Foreign Judgements Act.
A subsequent petition by the child’s father, Cedric L. Stanbury Jr to dismiss a petition by Tagaloa for custody of the child to be in her favor, has also been dismissed.
In dismissing the father’s petition, the court also ordered the child to be returned to the mother’s custody and care immediately until an evidentiary hearing and custody order can be issued by the High Court.
It is not clear when the evidentiary hearing will proceed.
Ms Tagaloa was represented by Gwen Tauiliili Langkilde and Mr. Stanbury was represented by attorneys Richard deSaulles and William Olson.
The ruling was signed by Associate Justice Elvis Patea, Judges Suapaia Pereira and Paepae Faiai.
