(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 BartSimpson » Sat Apr 08, 2017 8:29 pm

File based on what exactly?
The Step Dad sat me down yesterday and told me he will be accepting a job in London for the next two years planning on taking my son with them.
The douchebag is a legal stranger to the matter and notice has not been provided of the move - the mother has complete deniability that this is going to actually occur.

Any motion brought by the father now will be dismissed. Something has to actually happen.

If the mother intends to move the child, she must file a motion to set aside the geographical restriction, that is the time to counter the effort. Right now, the OP only has gossip, rumor and innuendo. He does not have anything from the mother. It is entirely possible that the mother has told her husband that she cannot go because of the child, and the husband took matters into his own hands.

If the mother were to remove the child without legal authority, it has to actually happen before relief can be sought. The husband, not a parent, would be engaging in kidnapping, and would be in immediate trouble up to his eyeballs. And think about this - If the job in London is with any reputable company, it will not tolerate it's employee's engaging in child trafficking. This fantasy that the child could be removed to London and leave the OP wringing his hands in frustration is a movie script, not reality.

The OP is in a comfortable place, and has everything going for him and his relationship with his child. His efforts now should be to consider how the child's visits to the mother are going to work, and might even consider traveling with the child at the mother's expense - Dad and child can be tourists on a lifetime adventure.
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Re: (Tx) My Son's Mother Wants To Move Him To London

Unread postby Chaos » Sat Apr 08, 2017 8:51 pm

Bart is right. The parties are united states citizens, not foreign nationals. If the mother removes the child from the country without a court order, the child will be promptly returned and the father will probably receive permanent primary custody when the mother is charged with felony custodial interference. There's no reason to worry about the passport at this time.

If they were citizens of another country, it would be a different situation.
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Re: (Tx) My Son's Mother Wants To Move Him To London

Unread postby dadforever » Sat Apr 08, 2017 9:28 pm

I do agree a motion to get the passport back would be much easier to pull off if OP had something in writing.

That much is def true.
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Re: (Tx) My Son's Mother Wants To Move Him To London

Unread postby BartSimpson » Sat Apr 08, 2017 10:02 pm

Do you agree that the husband's employer would be troubled if the London assignment resulted in the FBI poking around the London Office because an employee had taken a child without legal authority?

Would you continue your employee's London assignment if it involved Custodial Intererence?
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Re: (Tx) My Son's Mother Wants To Move Him To London

Unread postby Tom Kirkpatrick » Sat Apr 08, 2017 10:38 pm

Texasaggs12thman wrote:The Step Dad sat me down yesterday and told me he will be accepting a job in London for the next two years planning on taking my son with them.
Q: Have you talked to your ex about this?? With recorder up and running, I think that should be your next step.

There's two ways to handle this: 1) Proactively, and 2) Reactively.

REACTIVE (aka, no degree of certainty): If you wait 'til S6 actually goes to London, you'll be playing catchup right from the get-go. It'll be incumbent upon you to enforce the terms and conditions of your decree, which could drag on for months. Even on a good day, decree enforcement is a difficult thing to do - not to mention expensive.

Will the FBI jump all over this?? Not without a court order.

Will the Prosecuting Attorney file criminal charges against NJ and Step Dad?? You can't say, with any degree of certainty, whether he will or whether he won't. That remains to be seen.

What you need to know is this: Filing criminal charges in a case like this is discretionary. For that matter, the Prosecuting Attorney could just say, "This is a civil matter. Let family court handle it." And if this did find its way to criminal court, there's a 50/50 chance the judge would say the same thing, "Let family court handle it."

PROACTIVE: You should be talking to your ex AND your attorney. At the same time, you should also be building a well-orchestrated game plan. Maintain radio silence as you do!!

Remember, your decree won't enforce itself. But what's even worse, is getting it enforced.

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

Unread postby Bobby5000 » Fri Apr 14, 2017 10:58 pm

First, you don't take legal advice from the other side. You can speak with either the ex or arrogant step-father and explain that you have a close relationship with your son and it would do neither of you good for the move to occur. Explain that you would be happy to discuss various things but that the move cannot occur. Since this appears to be a middle class family with some type of corporate job, the chance of a parental kidnapping is unlikely. Explain to step-dad that while you would like them to be happy, that cannot happen at the expense of the child having his father there to raise him.
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Re: (Tx) My Son's Mother Wants To Move Him To London

Unread postby JimRockford » Fri Apr 14, 2017 11:12 pm

Bobby5000 wrote:Explain that you would be happy to discuss various things but that the move cannot occur. Since this appears to be a middle class family with some type of corporate job, the chance of a parental kidnapping is unlikely.

Explain to step-dad that while you would like them to be happy, that cannot happen at the expense of the child having his father there to raise him.


The OP does not need to explain anything to this dude. This guy is not worthy of deserving an explanation.

Bobby5000 I don't get it, your suggested overtures sound like some kind of opening of a negotiation, like the OP needs to in some way have to defer to this guy. If you are thinking the conversation should remain pleasant, how about this, "Good day Mr. Douchebag, now please leave the premises."
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Re: (Tx) My Son's Mother Wants To Move Him To London

Unread postby kirkpatrick » Sat Apr 15, 2017 4:51 am

Now is the time for the OP to push for full custody. Along with this offer summer vacation visits. See what they say. Go to court if need be. Later file for child support.. Record everything from this moment on.

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

Unread postby JimRockford » Sat Apr 15, 2017 9:34 am

If they take off for London with the child or start making legal inroads in that direction, I would say that he has an excellent opportunity to do that. However, he can't do that just based upon a conversation with the new husband.
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Re: (Tx) My Son's Mother Wants To Move Him To London

Unread postby a dad » Sat Apr 15, 2017 12:15 pm

Certainly not with the approach - "Good day Mr. Douchebag, now please leave the premises."

But with an unemotional, level headed one, it may.


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