The international child custody battle of Scarlett Johansson

Free-Scarlett-Johansson-Picture-300x225As it is has become apparent Scarlet Johansson has filed for divorce. Her husband Romain Dauriac is from France.  He does not appear to want to contest the divorce issue but seems likely to contest the Child custody issue.  He and Scarlet share a daughter who is a Toddler named rose. He states that he is the primary care giver of the child.  He further states that Scarlet is always on a film shoot and he has to make his schedule work for her while she films. Scarlet appears to be taking the high road according her statement to public.  She states that ultimately her daughter will know how her divorce went down.  Clearly Scarlet does not want to make any of her divorce issues public.  However, due to the public nature of her career how can she really argue she wants to make her divorce private when she is such a public figure.  Her statements about having a private divorce may be based on false hope rather than reality.

As far as the child custody issues go there appears to be a big issue with regards to international child custody laws.  As Romain is from france.  If both parties can agree as to a schedule of visitation and custody then the international child custody issue will not be an issue.  However, if Scarlet and Romain cannot agree as to any schedule, then who will become the primary custodian of the child, Rose will be a very important issue. And how that will be determined by the Court will be very factual sensitive.  The Court will have to investigate who partakes in the day to day upbringing of Rose and who can maintain that type of contact with the child going forward.  The law Family Courts use is the “Best Interest” standard.  There are many criteria the Court will assess and then determine what is in the Best Interest of Rose and who should she reside with.  The Court can also make a custody determination giving primary custody to a parent that does not live in the United States such as Romain.  Since France is part of the Hague Convention Treaty Courts in the United States can freely decide that a child can reside outside The United States without much fear of any risk losing jurisdiction.

Secondly, the Johansson divorce will involve some property issues.  As Scarlet is a high profile actress who makes millions of dollars for her movies it is apparent she makes substantially more money than her husband Romain who is a curator of Art shows in New York.  Normally there would be a very big Spousal support issue where Scarlet would be paying her husband Romain thousands of dollars of support for a period of half of the length of the marriage. But both parties signed a prenuptial agreement which probably contracted away any spousal support issues the couple might face during their divorce proceedings.  Therefore Romain probably will be given a much smaller settlement of any assets Scarlet earned during their marriage.