(Tx) My Son's Mother Wants To Move Him To London

Parental Alienation, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

Re: (Tx) My Son's Mother Wants To Move Him To London

Unread postby MegaDad » Fri Apr 07, 2017 11:46 am

How kind of this gentleman to tip his hand. Now you can mosey on down to the courthouse and file a motion before your meeting with him next week. Secure a Temp Order to keep S6 local and ask that the court procure the passport from the mother.

My take on this is getting that passport out of her hands by all means possible. While it would be ill-advised, she could decide to simply ignore the geo restriction and any temp orders and just roll on out to London. By the time you had any recourse it would be months and months from now....and your son is still gone.

No passport=no travel, your son stays where he should.
User avatar
MegaDad
100+ Posts
 
Posts: 281
Joined: Tue Oct 07, 2014 5:22 pm

Re: (Tx) My Son's Mother Wants To Move Him To London

Unread postby BartSimpson » Fri Apr 07, 2017 12:01 pm

He doesn't have to file anything. The restriction stands.
Volenti non fit injuria
User avatar
BartSimpson
20K Club
 
Posts: 25619
Joined: Thu Jan 24, 2008 8:50 pm

Re: (Tx) My Son's Mother Wants To Move Him To London

Unread postby trapper » Fri Apr 07, 2017 12:39 pm

You need to get your son's passport out of the mother's possession.
Most likely through a court request to surrender.
trapper
100+ Posts
 
Posts: 130
Joined: Mon Oct 30, 2006 9:52 pm

Re: (Tx) My Son's Mother Wants To Move Him To London

Unread postby hopeful dad » Fri Apr 07, 2017 12:49 pm

Is it not required for other parent to give a consent when traveling with minor child? I thought they check at the airport before boarding the flight
Moving forward with distress behind!
hopeful dad
1K+ Posts
 
Posts: 1179
Joined: Thu Apr 16, 2015 3:27 pm

Re: (Tx) My Son's Mother Wants To Move Him To London

Unread postby BartSimpson » Fri Apr 07, 2017 1:19 pm

No. Letters of Consent are not required to exit the Country.

If the mother takes the child from the US without the father's approval or Court Order, it will be felony Custodial Interference, and the return of the child will be immediate.

Possession of the passport is secondary, and should be reserved for later, if legal fees matter.
Volenti non fit injuria
User avatar
BartSimpson
20K Club
 
Posts: 25619
Joined: Thu Jan 24, 2008 8:50 pm

Re: (Tx) My Son's Mother Wants To Move Him To London

Unread postby MegaDad » Fri Apr 07, 2017 4:07 pm

BartSimpson wrote:No. Letters of Consent are not required to exit the Country.

If the mother takes the child from the US without the father's approval or Court Order, it will be felony Custodial Interference, and the return of the child will be immediate.

Possession of the passport is secondary, and should be reserved for later, if legal fees matter.


This is news to me, always thought the passport was the be-all, end-all. In the interest of the OP and also my own information, what would OP have to do to have his son returned if the mother took off to London with him? How fast of a turnaround could be realistically expected?
User avatar
MegaDad
100+ Posts
 
Posts: 281
Joined: Tue Oct 07, 2014 5:22 pm

Re: (Tx) My Son's Mother Wants To Move Him To London

Unread postby BartSimpson » Fri Apr 07, 2017 4:45 pm

Upon the report and review of the Court Order, the Law Enforcement Agency with jurisdiction, either Sheriff or Police, would initiate a call to the mother to verify she has the child and establish the circumstances why she is interfering with the father's custody.

Any sane person would understand from this courtesy call to return the child to the US immediately.

If not, the local Jurisdiction gets a warrant from the Court, notifies the local FBI office, which contacts the FBI London office, who pays a visit to the mother and (since she is a US Citizen) places her under arrest. The consulate would take custody of the child, and it would be best if the father flew to London to pick up the child.

The mother would be repatriated and returned to Texas for prosecution courtesy of the US Marshals Office.
Volenti non fit injuria
User avatar
BartSimpson
20K Club
 
Posts: 25619
Joined: Thu Jan 24, 2008 8:50 pm

Re: (Tx) My Son's Mother Wants To Move Him To London

Unread postby Fatheroffour » Fri Apr 07, 2017 4:52 pm

* unless she is rich and famous
User avatar
Fatheroffour
Moderator
 
Posts: 36038
Joined: Fri Oct 12, 2007 8:37 am
Location: Top of the world

Re: (Tx) My Son's Mother Wants To Move Him To London

Unread postby hopeful dad » Fri Apr 07, 2017 5:29 pm

Maybe only applicable to certain countries where there is an agreement between the countries under Geneva act.

Here is an interesting case law

http://caselaw.findlaw.com/ca-court-of- ... 60068.html

The case that started in 2003 which is still active has all the drama make a movie - Child abduction, International custody battle involving two sovereign states, Interpol etc
Moving forward with distress behind!
hopeful dad
1K+ Posts
 
Posts: 1179
Joined: Thu Apr 16, 2015 3:27 pm

Re: (Tx) My Son's Mother Wants To Move Him To London

Unread postby BartSimpson » Fri Apr 07, 2017 5:34 pm

The parties in this case are all US citizens, not subjects of the United Kingdom.

Your citation is not applicable since the mother is a citizen of Pakistan.
Volenti non fit injuria
User avatar
BartSimpson
20K Club
 
Posts: 25619
Joined: Thu Jan 24, 2008 8:50 pm

PreviousNext

Return to Parenting - Child Custody Forum and Child Support Forum

Who is online

Users browsing this forum: Bing [Bot] and 8 guests