Matt, I realize that my last comment may have been a bit too ideological and theoretical for your personal fear. I would advise your sister to take her husband's threats very seriously. Under Islamic law (and the law in most majority-Islamic countries), wives have virtually no rights over their children if their husbands claim custody.
Understand what I'm saying ...
He can divorce her, under Iranian law, by simply saying "I divorce thee" three times before witnesses. At this point she is divoreced; she has no claim against his assets, income or estate, and her children belong to him if he wants to take them.
He can separate from her, bringing her children with him and refusing to let her see them, and she has no legal grounds for complaint. She can't even divorce him for this.
He can physically chastise her any way that he sees fit. This is not assault and battery, she is essentially his property.
Would the laws of the US enforce these shari'ya claims on her? No, of course not (though some European countries, notably Germany, have been going all wobbly on this). However, if he returns to Iran and takes the child with him, she has no legal recourse. The US government will not even try to get the child back, and if it did, Iran would almost certainly ignore the American pleas.
As to your nephew's fate, it could be a grim one. Iran is putting herself on the "I Want To Be Invaded By America" top 10 list, and worse may well wind up launching an atomic war against Israel or the West within a decade or so. What's even more depressing, the US rarely bothers to enforce civilized law on the barbarians we conquer: it's more likely if we occupy Iran that the Iranians will still get to live under shari'ya for most purposes.
She needs to get his threats on record, take them very seriously, and get the child in physical custody and quickly divorce him. Then she needs to get legal custody of the child. Then she needs to make damn sure he doesn't kidnap the child, which he will probably try to do, possibly with violence. If I were her, I would get a gun and some firearms training.
Understand what I'm saying ...
He can divorce her, under Iranian law, by simply saying "I divorce thee" three times before witnesses. At this point she is divoreced; she has no claim against his assets, income or estate, and her children belong to him if he wants to take them.
He can separate from her, bringing her children with him and refusing to let her see them, and she has no legal grounds for complaint. She can't even divorce him for this.
He can physically chastise her any way that he sees fit. This is not assault and battery, she is essentially his property.
Would the laws of the US enforce these shari'ya claims on her? No, of course not (though some European countries, notably Germany, have been going all wobbly on this). However, if he returns to Iran and takes the child with him, she has no legal recourse. The US government will not even try to get the child back, and if it did, Iran would almost certainly ignore the American pleas.
As to your nephew's fate, it could be a grim one. Iran is putting herself on the "I Want To Be Invaded By America" top 10 list, and worse may well wind up launching an atomic war against Israel or the West within a decade or so. What's even more depressing, the US rarely bothers to enforce civilized law on the barbarians we conquer: it's more likely if we occupy Iran that the Iranians will still get to live under shari'ya for most purposes.
She needs to get his threats on record, take them very seriously, and get the child in physical custody and quickly divorce him. Then she needs to get legal custody of the child. Then she needs to make damn sure he doesn't kidnap the child, which he will probably try to do, possibly with violence. If I were her, I would get a gun and some firearms training.
Seriously.
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