In the Matter of Marriage of Donboli, No. 53861-6-I (WA 7/18/2005)
| Decision Date | 18 July 2005 |
| Docket Number | No. 53861-6-I,53861-6-I |
| Court | Washington Supreme Court |
| Parties | In the Matter of the Marriage of: BITA DONBOLI, Respondent, and NADER DONBOLI, Appellant. |
Appeal from Superior Court of King County. Docket No: 02-3-02570-0. Judgment or order under review. Date filed: 01/29/2004. Judge signing: Hon. John P Erlick.
Counsel for Appellant(s), D. Bruce Gardiner, The Gardiner Law Firm, 12040 98th Ave NE Ste 101, Kirkland, WA 98034-4217.
Counsel for Respondent(s), Margaret Doyle Fitzpatrick, Michael W Bugni & Associates, 11320 Roosevelt Way NE, Seattle, WA 98125.
Jerome Chilwell Scowcroft, Attorney at Law, 215 110th Ave SE, Bellevue, WA 98004-6331.
Mark Stephen Saltvig, Attorney at Law, E400 King County Courthouse, 516 3rd Ave, Seattle, WA 98104.
In a dissolution action, the father claimed that the Washington court lacked jurisdiction because a divorce decree had already been issued in Iran and a custody proceeding was pending in Iran before the Washington proceeding commenced. The trial court determined that the child's home state was Washington and that Washington courts had jurisdiction to enter an initial child custody order. In addition, the trial court found that Iranian law does not procedurally or substantively comport with Washington law, and contradicts the strong public policy of Washington. Thus, the trial court refused to enforce the Iranian custody order and addressed the dissolution petition in full. The father appeals. Because we hold that the trial court correctly determined it had jurisdiction to address the dissolution petition and the child-related issues in this matter, we affirm.
This is a marital dissolution action brought by Bita Donboli, the wife, against Nader Donboli, the husband. Prior to his marriage to Bita, Nader lived in the United States for 27 to 28 years, and was a dual citizen of the United States and Iran. He owned an auto repair business in Redmond. In 1995, Nader traveled to Iran to find a wife. Nader and Bita met a couple of times, and were married within five or six days. Nader returned to the United States shortly afterward, and Bita was authorized to enter the United States in January 1996. Eventually, Bita also became a dual citizen of the United States and Iran.
Bita lived with Nader in his Carnation home. She spoke no English, could not drive and had no money or credit cards. Starting about two months later and continuing throughout their marriage, Bita alleges that Nader physically and verbally abused her. In June 1996, Bita started taking English as a second language classes at Lake Washington Technical College. She then studied child care management and earned her Associate of Arts degree in 1999.
In 1998, Nader decided to sell the Carnation home and move into a larger home in Sammamish. The new home cost $340,000. As part of the closing papers, Bita signed a quit claim deed transferring the home to Nader as his separate property. Bita alleges she did not know what she was signing, was tricked by Nader, and would never have signed the document if she knew what it was. Nader also sold his auto repair business. Bita alleges he sold the business for $200,000. Bita alleges Nader then started a practice with a friend of purchasing damaged vehicles at auto auctions and reselling them through the newspaper. Bita alleges his dealings in this business were shady.
On April 22, 2000, Bita gave birth to Shayan, their son. He was conceived and born in Washington. Bita's mother came to the United States to assist Bita with Shayan for about six months. Nader and Bita twice visited Iran, from mid-March to mid-May in 1998 (before Shayan's birth) and from mid-September to early November in 2000 (with Shayan).
In spring 2001, because Shayan was `extremely active,' Bita decided to take him to Iran for an extended four-month visit, so she could have her mother's help. Before Bita left, she and Nader decided to sell the Sammamish home because it was too expensive and, after selling his business, Nader had lost the source of his monthly income. To facilitate the sale in her absence, Bita gave Nader a six-month power of attorney to sell the home, which was listed for $520,000. Bita alleges that they planned to use the appreciation from the Sammamish home to purchase a smaller, less expensive home. Nader alleges that they sold the home and his business because they intended to permanently relocate to Iran, which was Bita's wish.
Bita and Shayan arrived in Iran around April 24, 2001, and stayed with Bita's parents. Nader called her at least weekly. In June they found a potential buyer for the home, and at Nader's request Bita returned to Washington for 12 days, from June 30 through July 12, to pack up the household goods. Shayan stayed in Iran with Bita's mother. After Bita returned to Iran, Nader informed her that the sale had fallen through. Even though the home had not yet sold, Nader went to Iran to visit his family in August 2001, claiming that he missed them and was not working anyway. He joined them at Bita's parents' home. Bita alleges they planned to return to the United States in October, whether or not the house sold. If it had not sold, they planned to take it off the market and list it again the following spring. Nader again alleges that their move to Iran was to be permanent.
On October 11, six weeks after Nader's arrival, Nader and Bita had a disagreement over some light bulbs. Bita alleges that in front of her parents and child, Nader beat her so badly that she was hospitalized for two weeks and required subsequent physical therapy. Nader alleges that Bita's injuries were caused when she tried to attack him and had to be restrained by members of both families. Bita alleges that right after the altercation, Nader stole her jewelry, as well as her and Shayan's United States passports and other papers. Nader did not take their Iranian passports. Nader disputes Bita's claim that he took their United States passports.1 Bita and her parents filed a police report, but the police were unable to find Nader and had no idea where he was.2 Shayan has lived with Bita continuously since the altercation. Bita and Nader have had no contact since October 11, 2001.
When Bita returned from the hospital, she tried to leave Iran and return to the United States with Shayan. She tried to enter Turkey to have replacement documents issued, but she and Shayan were stopped by Iranian officials. They advised Bita that Nader had written a letter denying them permission to leave Iran. Although this is a permissible practice for husbands and wives who are Iranian residents, Bita's passport showed that her domicile was changed from Iran to U.S.A. on August 20, 2000. Nevertheless, Bita and Shayan were not permitted to leave. Bita started working towards obtaining new passports.
In late November or early December 2001, Bita was served with Nader's Iranian divorce action. Bita's understanding was that in Iran, an Iranian court could divorce a couple only if both were residents of Iran; neither she nor Nader was. Bita gave her father a power of attorney so that he could hire an Iranian attorney to dismiss the case as improperly filed. With the help of the Pakistani Embassy, Bita obtained letters confirming that she and Nader both lived in the United States, and that Nader therefore could not keep her in Iran under Iranian law. Bita and Shayan received replacement passports on January 11, 2002, issued by the United States Embassy in Switzerland, and promptly used these passports and the letter to return to the United States on January 27, 2002. Upon her return she discovered all their money was gone. She could not locate any funds from the sale of their home. Bita has no idea what happened to their clothes, furniture, and personal belongings.
The only financial documents that Bita was able to find were tax returns she had earlier sent to her parents. From these returns, Bita learned about an annuity contract at Hartford Life Insurance Company, the only remaining asset she could locate in the United States. This account contained approximately $78,000 and was in Nader's name. It was purchased during their marriage. Bita discovered that Nader had requested that the account be liquidated and proceeds sent either to him or to his brother in Arizona. Bita hired an attorney to stop the transfer. This started the current action.
The timeline of events related to the Iran and Washington divorce proceedings is set forth below.
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