When, after giving birth to their first and only child, he began making noises about sending him to live with his parents, Blumberg-Kason became terrified that she might lose Jack forever. And so she began divorce proceedings, ultimately escaping the marriage and winning full custody of Jack.
Now a writer, Blumberg-Kason chronicles the ordeal in her 2014 memoir Good Chinese Wife: A Love Affair with China Gone Wrong, and says that, since then, among the most passionate responses she's received are from other people dealing with international custody disputes.
While custody disputes are never pretty, international couples in which one member is Chinese present an especially tricky case - because China hasn't signed the Hague Convention on the Civil Aspects of International Child Abduction, a multilateral treaty that allows for the expeditious recovery of abducted children, there remains little legal recourse when a child is carried off.
It's not as rare a situation as you might think. According to 2014 statistics reported by iRead Weekly in August 2015, China is now home to 47,000 cross-national marriages, which in turn are showing an increasing rate of divorce.
"Since China hasn't signed the Hague Convention, which protects parents from losing their children to international abduction, foreign parents have no rights to ask for the return of their children if their spouse takes the child to China," Blumberg-Kason said.
No protection under the Hague Convention
Before the Hague Convention, which was signed in 1980 and put into force in 1983, parental kidnapping was a poorly defined concept, with authorities referring to it variously as "legal kidnapping" and "custodial interference." In addition to providing a name for this phenomenon - international child abduction - the treaty drew up guidelines for what constituted violations of custodial rights and provided mechanisms by which children could be returned home, which is defined as the country of "habitual residence." Abduction, meanwhile, is defined as a parent without sole custody taking their child to another country and refusing to return the child or let the other parent visit. To date, 94 countries and regions have joined the convention.