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  Custody - Parenting Plans in Washington  Basics - What is best for the child? Not the parents.  protection for ...
 protection for children that have an international parent not returning child to the US
 
 9/10/2006 7:50:35 PM
suzanne
3 posts


protection for children that have an international parent not returning child to the US
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How do you protect your child in a dissolution from being kept in a country such as Morocco by a father that might be granted joint custody? Are there treaty agreements between the US and Morocco to protect the non-Moroccan parent from having her child kept in Morocco if the other parent had a change of heart?
 9/10/2006 9:04:30 PM
admin
84 posts


Re: protection for children that have an international parent not returning child to the US
QuoteReply

Is the child currently in the US?  Before the divorce is finalized any commissioner or judge will likely block exit at the temporary orders stage if you request it. 

Experience shows that the most common type of child abduction is by one of the parents themselves. International abductions often occur when one parent has a spent substantial time in another country.

Morocco is not a party to the Hague to my knowledge.  You should probably retain an attorney for these questions as they could have very, very serious consequences.  You may wish to get a writ of Habeus corpus without their knowledge.  The first step is not allowing the child to leave the county.  The court can issue an order in washington and then you can register it with federal authorities at the ports to stop exit of your child from the country.

You may wish to consult these department of state links for references:

http://www.state.gov/www/global/legal_affairs/family_law.html

 


This is a legal DISCUSSION board, legal discussion IS NOT legal advice. No liability whatsoever will be taken for actions based on the discussion found herein. NO ATTORNEY-CLIENT RELATIONSHIP IS FORMED THROUGH POSTING OR REPLYING ON THIS BOARD. To hire an attorney you can go to Seattle Divorce Attorney - Washington Divorce Lawyer
 9/10/2006 9:31:35 PM
admin
84 posts


Re: protection for children that have an international parent not returning child to the US
QuoteReply

When a child is taken to any country that is not a party to the Hague Convention, the other parent must pursue their case in the courts of that foreign jurisdiction/country to which the child has been taken. This can be extremely costly, and is often one of the motivations for removing the child in the first place. Good attorneys should be obtained in the other country immediately. Sometimes the removing parent will file a custody action in the other country in an attempt to legitimize the abduction. If the remaining parents does not have a good legal plan/action, the other country might enter custody orders by default.

Depending upon the nation, there is some chance that they will order the return of the child to the country from which they were originally taken. Often, however, the other country's courts will take jurisdiction of the case even though the children have no real relationship to that country. The other parents only recourse is to fight the custody battle in the other country.  You should hire an attorney or at least consult with one.


This is a legal DISCUSSION board, legal discussion IS NOT legal advice. No liability whatsoever will be taken for actions based on the discussion found herein. NO ATTORNEY-CLIENT RELATIONSHIP IS FORMED THROUGH POSTING OR REPLYING ON THIS BOARD. To hire an attorney you can go to Seattle Divorce Attorney - Washington Divorce Lawyer
  Custody - Parenting Plans in Washington  Basics - What is best for the child? Not the parents.  protection for ...

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