Former Edison Resident Found Guilty Of Kidnapping His Child: Feds

EDISON, NJ — A former Edison resident who was 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 U.S. when ordered to do so, U.S. Attorney Philip R. Sellinger said.

Amitkumar Kanubhai Patel, 38, of Vadodara, India, formerly of Edison, was convicted on July 22, of one count of international parental kidnapping following a five-day trial.

According to documents and evidence filed in the case, the child’s mother and Patel were in a relationship and lived in New Jersey from August 2015 through July 2017. The two never married and in November 2016, they had a child, who was born in Edison.

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, according to the child’s mother.

Patel also told the woman 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, according to court documents. Patel told 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, according to evidence filed.

On May 1, 2017, the woman told the court exactly that. At the time of the hearing, the mother spoke limited English and answered the court’s questions as she had been instructed by Patel. She was not represented by an attorney during the hearing, authorities said.

Patel was granted sole custody on May 2, 2017, allowing the mother to file for joint legal custody in the future. Patel then obtained visas to India for himself and the child, booked air travel, and told the child’s mother they would be gone for two weeks to a month, according to court documents.

He later called the mother and said that he was never bringing the child back to the United States. The woman obtained an attorney and went back to court. On Oct. 16, 2018, the state Superior Court asked Patel to return the child to the United States immediately, according to court documents.

Patel did not return the child to the U.S., court documents show. On Oct. 2, 2020, Patel and the child flew from India to the United Kingdom. On arrival, he was arrested based on a provisional arrest request submitted by the U.S. After a custody hearing in London pursuant to the Hague Convention, the London Court ordered it was in the best interest to return the child to his paternal grandparents in India. Patel was subsequently extradited to the United States to stand trial.

The international parental kidnapping offense carries a maximum penalty of three years in prison and a maximum fine of $250,000. Sentencing is scheduled for Nov. 22, 2022.

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