Taking Childl out of Country

[cdrobin66]

Ni Hao

Long time no post. Well as you all can see, we have a beautiful baby girl now. Her name is Marie Carla. Came in at 8 lbs 9oz. She is doing well. Ok I have a question and I dont know if this is the correct form. My ex has been on attack mode since my wife arrived. Me and my wife have been managing. Me and my ex have a 4 year old son together and we have been back and forth in court. First it was me abusing the child, then it was my wife that was being accused. I took my ex back to court and we settle for 50/50 and I made sure she and I would go to counseling to try and resolve our diffrences. That is ok but I think I should have gotten sole custody. Well my ex is asking the courts to take my son to the philippines. That is where she is from. Now after years of filing false abuse charges against me and all of them being thrown out and teaching my son I am not his father, now she wants to take him out of the country where I have no control over him. The judge told me the other day that I better have a good reason for not allowing her to do this. My ex has threaten me in the past that if I piss her off she would give him dual citizenship and leave him there.

Can I stop this? or am I helpless to allow this woman I can not trust nine miles from my home to take my son more then 5000 miles away. Any feed back on this. I live in VA.

 

Carl

[Jeff n Jianli]

I guess every state is different. In Indiana during the divorce I could have requested that my ex not take the kids out of state if I wanted. I just assumed that taking a child out of the country would be out of the question if both parents did not agree.

 

Jeff

[LeeFisher3]

Take a look at what the DOS says about it, International Child Abduction.

 

The US Department of State can or will do little to help resolve a case of this nature. I'd suggest preparing some documentation for the court from their web site.

 

You may need to consult an attorney.

 

I would put the burden on the Judge and ask them to provide you with compelling evidence that the court can extend their jurisdiction to include the Philippines and force her to return your child back to the US.

 

When they state it is not possible you want to ask why the court is willing to revoke your parental rights by forcing you to place your child into a potential International abduction scenario over your objections as a parent? Are they willing to provide a bond or guarantee that your ex will behave any differently she has since the divorce and the threats she has made to take your child away?

 

I would suggest that the family members in the Philippines who wish to meet the child travel to the US to do so, but don't let it turn into a visa issue, that's the USCIS's department not the courts.

[Shenzhen K-1]

I guess every state is different. In Indiana during the divorce I could have requested that my ex not take the kids out of state if I wanted. I just assumed that taking a child out of the country would be out of the question if both parents did not agree.

 

Jeff

 

IN Illinois the parent with custody does need permission to leave the country. This post really surprised me and got me upset, how sad is this? My sons live with me, but can not leave the school district without going back to court.

 

This a good warning for those divorced and have kids.........would not even think of having my sons gone like this!!

 

Mark and feng!!