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International Relocation - Passport up for Renewal for Child

Husband's ex relocated to the US 5 years ago and failed to tell him of her intention to relocate at the time he signed the passport for his child.

I was hoping to get some much needed advice.

Husband's ex relocated to the US 5 years ago and failed to tell him of her intention to relocate at the time he signed the passport for his child. He signed it in good faith thinking she was going to visit family overseas. The child's passport is now up for renewal and she sent him the application asking his to sign again so they could remain in the States. He refused based on the illegal manner in which she deceived him and the impact it has had on his ability to have a relationship with his child. The application was forwarded to the Department of Foreign Affairs who decided they would not issue the passport either because they believe it is a matter for the Family Court to decide. This now means his child must return to Australia. My question is - what now? Is there another avenue for the mother to have the passport issued? What should we do in the meantime to ensure the child is returned to Australia to have the matter dealt with by the court? Since DH informed her of this refusal to provide his consent, his ex has stopped communicating completely and refuses to answer any emails (the only contact details she left)… 
Kikki said

Husband's ex relocated to the US 5 years ago and failed to tell him of her intention to relocate at the time he signed the passport for his child. He signed it in good faith thinking she was going to visit family overseas.
You have left this an incredibly long time before deciding you might want to do something. Five years is a ridiculously long time to do nothing. 
Kikki said
… The child's passport is now up for renewal and she sent him the application asking his to sign again so they could remain in the States.
At least she knows his email address and they are able to correspond. This would have been an opportunity to negotiate some arrangements and or some contact arrangements and some consent orders rather than just refuse point blank.
Kikki said
…He refused based on the illegal manner in which she deceived him and the impact it has had on his ability to have a relationship with his child.
Perhaps she had good reason to relocate to the USA. There is nothing here that suggests any reasons but there is always a reason or ten that these things happen. The apparent lack of interest on your part to have the child returned five years ago seems rather unusual.
Kikki said
… The application was forwarded to the Department of Foreign Affairs who decided they would not issue the passport either because they believe it is a matter for the Family Court to decide. This now means his child must return to Australia. My question is - what now? Is there another avenue for the mother to have the passport issued?
Previous experience would indicate it is highly likely they might fraudulently try and get a passport and would possibly try and get a US passport. IF she has friends in Australia they may try and have a friend act as the father viz Russel Wood case (WA). 
Kikki said
…What should we do in the meantime to ensure the child is returned to Australia to have the matter dealt with by the court? Since DH informed her of this refusal to provide his consent, his ex has stopped communicating completely and refuses to answer any emails (the only contact details she left)…
To start matters in the courts you would need to think about an address for service of documents or know of a legal practitioner or service agent in the mother's area to get some sort of service happening or order that allows you to serve by email or Facebook. You could start an application but before that commenced you would need to write up a very convincing and clear timeline of what went on in the years leading up to and the five years after the relocation. The affidavit would need to be very clear and convincing. The initiating application would need to have reasonable orders.  I would probably start with writing that up, give it to someone that knows nothing about the history and ask if it looks like a convincing and true account of the situation.

Once an order is made for recovery and a hearing and where you do not have address details you then start dealing with the Federal Police. When they get involved it should make life a little easier for you as they have unlimited resources. Once a recovery order is issued and provisioned to the US consulate things will probably start to happen albeit slowly. The mother will not be able to travel outside of the USA and will likely be sought by law enforcement inside the USA but you need to get that order to start with. You may need to engage a local investigator in the US to try and locate her but it is all money and time. In a number of cases I am aware the other parent has gone searching for the child or had a contracted recovery team. If the passport has expired the child cannot leave the USA so that would need to be resolved. You could also apply to get a local watch order in our Federal Police System so that if she returns to Australia she will be detained at the border. There are links and pages about that on the site.

If you can get an order here for a passport to be issued where you hold the passport that may be something to consider. You could apply for that order in the Federal Circuit Court. I doubt the exemption forms issued by Passports Australia will do you any good.

You could run the risk that an Australian Family Court will determine that the child is better off in the US as the time factor does play a very key part if you read the Act and there are many papers and news items on this site about relocations. There are new changes pending to relocation matters in legislation currently that implement penalties (after the Ken Thompson matter …. Do a search for Ken Thompson in the news section) but I think the fact five years has gone on with nothing being done will cause you a very significant hurdle.

You might start off by sending a message along the lines that you might be agreeable on the basis that some sort of communication is opened up for the child with the father and there is an opportunity for some contact arrangements perhaps annually. There are specialists in this area but it is an area you can burn through large amounts of money quickly. It would be vastly preferable if you could get some sort of communication going but failing that starting an application for either a passport to be issued and held locally or an application for matters to be heard in Australia.

You have nothing to loose but everything to gain by starting a range of actions.
 

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
What is the age now of the child ?

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
The child is 11. The ex relocated because her position at work was made redundant and they offered her another position overseas. The reason that nothing was done over the last 5 years was because the ongoing hostility towards DH which started when the relationship broke down - prior to even finding out about the pregnancy. That hostility has continued all these years with the same intensity, and anything as simple as asking her whether she and the child had left the country would result in a barrage of abuse. DH is not a confrontational person. He is reasonable and doesn't respond with his fists flying when he's confronted with aggression and hostility. It was at the time of the child's birth that BM told DH to stay away from them and just pay CS. Since the hostility would no doubt adversely effect the child, DH felt his only option was to wait until the child was old enough and could form a relationship with DH themselves. And that was the agreement DH and his ex came to. When he found out BM had moved, he didn't feel as though there was anything he could do. BM had left no contact details except her personal email address and it has only been since she sent the passport application that he's managed to obtain an address. The passport renewal has simply provided him an opportunity to try and play a more meaningful role in the child's life, above and beyond from just a financial perspective now that he's older. Time and distance have already created massive hurdles - not just from a Family Law or legal perspective but also from a personal perspective. Had DH known of her intention to relocate, he wouldn't have agreed to signing the passport in the first place because he would've understood the impact of that decision on his ability to have a relationship with the child in the future, which was always his desire.
Thank you for the advice. It's certainly food for thought and at will at least give him an idea of where to go from here.
As SPCA stated before, you can say what you like really and you can write what you like but… you cannot complain about something that happened 5 years ago that you did nothing about, five years later. Sign the form and move on. Its only the child who is going to suffer if they need a passport for something and cannot get one

Saying something was done illegally, but not doing anything about it for 5 years is your exes lack of action problem and there is no need to hinder the child in what they want to do in in 2016

Last edit: by The Wolf


Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you…. Purple Monkey Dishwasher
I don't necessarily agree with you The Wolf but thank you for your input.
Kikki said
I don't necessarily agree with you The Wolf but thank you for your input.
There is nothing to agree with. Its simply facts that cannot be denied. Denying a passport for an 11 year old  someone has not seen in 5 years when nothing at all has been done in FIVE years to rectify the situation is an emotional reaction that smells of some kind of "well im going to stop you doing what you want because i can"

You simply should not deny someone something they have a right to when you have chosen five years of inaction. The child has a life, it could have been a different one but… its not so why deny them such a simple thing?

What is it going to change about the situation by doing this? Is it going to magically make the past 5 years of inaction the right thing??? NO! Just suppose the child wanted to visit Australia? Just suppose one day, that passport allows your ex to see his child? Suppose this scuppers some student exchange thing from School? Is that fair to the child.. NO!

It might be different if it was 2011.. but its not. Your ex made the choice to do nothing, and to do some half measure revenge thing now is way out of order as the only person it is hurting is HIS CHILD….

Thanks


 

Last edit: by The Wolf


Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you…. Purple Monkey Dishwasher
Wolf I'm not sure if you actually read what I wrote in any of the previous posts but if you have, you're clearly misinterpreted or even completely misread what was written. I do not agree with your "you cannot complain about something that happened 5 years ago that you did nothing about, five years later", so there certainly is something to not agree with.

This is NOT a "revenge" measure… It is not an "emotional reaction", which, ironically, your responses seem to be, and certainly not a "well I'm going to stop you because I can".  The father of the child did not believe he COULD do anything at the time. The legally and financially responsible father was denied his parental rights in the first place. You are making personal judgements about the situation which, with all due respect, are not appreciated nor warranted. I simply asked what else we could do to ensure the child is returned to Australia to have the Courts determine what is fair. This is the correct legal procedure which should have been followed before she illegally located. Clearly, the father wants to have a relationship with the child, and now that the child is older and the relationship can form outside of the hostility the father was facing from the BM since the relationship broke down prior to the birth of the child, this relationship has the opportunity to form. It was always his intention to have a relationship with his child and he was denied that opportunity in the early years…. denied the opportunity when the BM moved overseas…. and will again be denied the opportunity should she remain in the US.

Thank you again SPCA for your thoughtful and rational advice.

Kikki said
Wolf I'm not sure if you actually read what I wrote in any of the previous posts but if you have, you're clearly misinterpreted or even completely misread what was written. I do not agree with your "you cannot complain about something that happened 5 years ago that you did nothing about, five years later", so there certainly is something to not agree with.

This is NOT a "revenge" measure… It is not an "emotional reaction", which, ironically, your responses seem to be, and certainly not a "well I'm going to stop you because I can".  The father of the child did not believe he COULD do anything at the time. The legally and financially responsible father was denied his parental rights in the first place. You are making personal judgements about the situation which, with all due respect, are not appreciated nor warranted. I simply asked what else we could do to ensure the child is returned to Australia to have the Courts determine what is fair. This is the correct legal procedure which should have been followed before she illegally located. Clearly, the father wants to have a relationship with the child, and now that the child is older and the relationship can form outside of the hostility the father was facing from the BM since the relationship broke down prior to the birth of the child, this relationship has the opportunity to form. It was always his intention to have a relationship with his child and he was denied that opportunity in the early years…. denied the opportunity when the BM moved overseas…. and will again be denied the opportunity should she remain in the US.

Thank you again SPCA for your thoughtful and rational advice.


I'm so sorry if you felt i was having a go at you, i was not! When going into Family Law cases self represented you will face a lot more severe questioning and opinion than i made in my short post, you need to get used to handling them.

Its simple. I did not misread anything,

1: In real terms you probably cant do jack about anything now given the age of the "child" and so long in the USA but that does not mean dont try.

2: If there were no orders in place 5 years ago (and if i missed that in your posts there was i am sorry) then there is no restriction at all on anyone going or even staying overseas

3: Not signing the passport form IS a form of revenge (even if it does not feel that way) and can serve no purpose whatsoever except to hinder something the kid wants to do in life (think about it logically)

4: I do not believe for one second that any adult does not know that, if a child vanishes overseas, they cannot "do something about it"

5: I cant possible think of one single argument you would have for doing nothing for 5 years and then saying a child of 11 is uprooted once more to come back to Oz as its in her best interests. . Not one.

6: ALL the emotional stuff you wrote will NOT be accepted as an argument to support your case in court.. like not even 1%

If we were in court tomorrow and i had you on the stand what would your argument be to make this relocation happen?

Again, im only trying to help

Last edit: by The Wolf


Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you…. Purple Monkey Dishwasher
According to the poster the Father had very little contact from the child at birth and for the last 5 years the child has lived in the USA.

Is the Mother a US citizen or has she a work arrangement that allows her to stay in the States. Does she have joint US/Australian citizenship?

If the mother is entitled to reside in the States the child does not need a passport unless she intends to travel overseas with child.

Why is the Mother requesting renewal of an Australian passport?

DFAT effectively passed the buck to the Family Court who cannot issue a “Recovery Order” as these are only valid in Australia. An overseas recovery would be either ‘Hague’ (unusual because the child has not been abducted in the usual sense and because of the 5 years gap) or a separate order issued via Foreign Affairs. Either way the receiving authority and respondent has the ability to argue against it. In this case Hague style and other arguments would come into play.
  1. The Father has not had any meaningful relationship with the child
  2. The child has been domiciled (permanent domicile) in the States for 5 years without contact
  3. Removal of the child would cause hardship and detriment to the child in terms of schooling and other relationships.
The best that can be hoped for is that the Father has some form of contact with the child but the chance of that occurring in Australia would be extremely remote. Some form of internet contact via Skype or similar might be a first start.

SECSPCA has made some valid suggestions that it would be easier to actually make an application in the USA and there are organizations that specialize in recovery. 
Conan said
According to the poster the Father had very little contact from the child at birth and for the last 5 years the child has lived in the USA.
  Conan I have not read that the father had little contact from at birth except that  we see It was at the time of the child's birth that BM told DH to stay away from them and just pay CS.

Conan said
Is the Mother a US citizen or has she a work arrangement that allows her to stay in the States. Does she have joint US/Australian citizenship?

If the mother is entitled to reside in the States the child does not need a passport unless she intends to travel overseas with child.

Why is the Mother requesting renewal of an Australian passport?
  These are important questions. Perhaps the relationship is not going well and she may have separated in the US and be wanting to travel.

Conan said
DFAT effectively passed the buck to the Family Court who cannot issue a “Recovery Order” as these are only valid in Australia. An overseas recovery would be either ‘Hague’ (unusual because the child has not been abducted in the usual sense and because of the 5 years gap) or a separate order issued via Foreign Affairs. Either way the receiving authority and respondent has the ability to argue against it. In this case Hague style and other arguments would come into play.
  1. The Father has not had any meaningful relationship with the child
  2. The child has been domiciled (permanent domicile) in the States for 5 years without contact
  3. The best that can be hoped for is that the Father has some form of contact with the child but the chance of that occurring in Australia would be extremely remote. Some form of internet contact via Skype or similar might be a first start.
SECSPCA has made some valid suggestions that it would be easier to actually make an application in the USA and there are organizations that specialize in recovery.
  I think overall from what we have here is that there is a very good opportunity to open a  dialogue with the mother. Skype or Hangouts on Google initially and hopefully something could develop to a visit to the USA. If Kikki wanted to explore any legal options I would be happy to set up a telephone call at least to discuss further with a couple of colleagues. There would be no charge.

I would suggest it would be worthwhile contacting Passports Australia in writing and advise them some brief facts and should they receive an application you would like to enter discussions with the mother either directly or through mediation or legal practitioners. It is very important to have something on file. You have nothing to lose if you are seriously wanting to have some contact with the boy. If you want to go further than that you will need to have some discussions with legal practitioners.

These sorts of matters are extremely difficult to deal with because of the distance and if you have in fact had almost no interaction with the boy as Conan alludes to then it is tough going. However, I can understand that dad wants to know about his son and if we can collectively get you a step closer through a wide range of posts and ideas on here then at least you have achieved something.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
Yes, I agree with the above. Why is the mother wanting to renew an Australian passport?

Kikki, did the mother give your husband any idea of what her intention was, why she needed the passport renewed? (Oh and by the way, please stop using BM and DH, this is not a stepfamily forum and those are not recognised abbreviations on this site.)

What attempts has the father made, via legal channels, to establish a regular regime of contact with the child? And if not, why not?
Boots said
Yes, I agree with the above. Why is the mother wanting to renew an Australian passport?

Kikki, did the mother give your husband any idea of what her intention was, why she needed the passport renewed? (Oh and by the way, please stop using BM and DH, this is not a stepfamily forum and those are not recognised abbreviations on this site.)

What attempts has the father made, via legal channels, to establish a regular regime of contact with the child? And if not, why not?

The mother is wanting the passport renewed because she is in the US on a work visa which has been extended. The child, as her dependant, requires a valid passport to stay with her.

The father has not made any attempts via legal channels to establish a regular regime of contact with the child because the mother told him to pay CS and stay away from them at an earlier stage. He obliged. The father was waiting until the child was at an age where he could form a relationship outside of the mother but obviously, this has become extremely hard due to both time and distance since the move.  

Apologies for using the incorrect abbreviations.
Kikki said
The mother is wanting the passport renewed because she is in the US on a work visa which has been extended. The child, as her dependant, requires a valid passport to stay with her.
So, the real reason for the refusal comes out….He thinks that they will have to come back if the Passport is not renewed… So if refusing to renew it is NOT revenge or an emotional reaction.. what is it?
Kikki said
The father has not made any attempts via legal channels to establish a regular regime of contact with the child because the mother told him to pay CS and stay away from them at an earlier stage. He obliged.
You would have to come up with a much better reason than that in any court you end up in to justify doing nothing for 5 years. Blaming others for things you do is not logical.
Kikki said
The father was waiting until the child was at an age where he could form a relationship outside of the mother but obviously, this has become extremely hard due to both time and distance since the move.
So, let me get this right, 5 years ago your partner thought "Well i wont do anything now because the ex has asked me not to but ill wait until the child get older, wait until they have been gone several years and then it will be easier to build a relationship and get access as the child will then be 10 or 11" And now the child is 11 he will start to build that relationship, the one he has waited 5 years to try to build, by refusing a passport. (thats pretty much what you have said)

How do you think the child is going to feel Will they want to build a relationship if they are forced to return here by his actions?

Id say by refusing to grant the passport you are doing exactly the opposite of  "form a relationship outside of the mother"
I dont get how you thing this will end up making the child want to be closer to your partner.. at all.

Nothing fails in the system worse than people endlessly justifying poor decisions with illogical reasoning. Use the passport form as a chip to maybe get some Skype or Messenger time. Thats a much better idea
 

Last edit: by The Wolf


Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you…. Purple Monkey Dishwasher
Wolf - I don't know what your personal circumstances are and why you seem to be coming across so angry about this post but I can't help but feel you are being nothing short of belligerent, and despite what you said your intentions were earlier, you are NOT coming across as trying to be helpful at all. Again, the only emotional reaction here seems to be your own. I am respectfully asking you to stop misconstruing what I'm saying and assuming you know what "the real reasons" are when what I have given in this public forum are the bare essential facts I needed to give to seek the advice of the members who are knowledgeable and helpful and whose advice I value.

Whether or not it will stand up in a court is anyone's guess and some of the points SPCA, Conan and Boots have put forward were valid and thoughtful. Here are some UNEMOTIONAL facts for your consideration…
 
  1. A parent has a legal responsibility to inform the other parent of their intention to relocate with a child overseas - regardless of whether or not the parent sees the child regularly or not, they are still the biological parent who is both legally and financially responsible for the child, and therefore, they have parental rights and a legal say in the matter.
  2. The mother failed in her legal obligation to inform the father of her intention to move and failed to provide the father his legal right and opportunity to have a say in the living circumstances of his child. This should have been a matter for the courts to decide in the first place if the father refused to agree to the move.
  3. The mother had a legal obligation to provide contact details - she failed to do that.
  4. The mother had a legal obligation to communicate with the father about the child. She has not done that.
  5. Whatever actions or inactions the father did or didn't take have NOT been illegal. The mother's actions HAVE and they continue to be since she is refusing to respond to any form of communication.
Nothing fails a discussion more than people who want to argue it like an emotionally charged bull.

Last edit: by Kikki

Unfortunately unless you have enforceable court orders you cannot make someone do something they don't want to do. Certainly very difficult in this country. If you say you have court orders that is one thing, but in the absence of a court order relating to family and parenting matters the other party can do what they like.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
Kikki, sadly you are wrong in saying that the mother had a legal obligation to do any of the things you listed in your last post.
1. It is not illegal for a parent to not inform the other of any potential moves.
2. It is not illegal to fail to provide the father with a legal right to have a say in the living circumstances of the child.
3. It is not illegal for the mother to have failed to provide contact details.
4. It is not illegal for the mother to not communicate with the father.
5. The father did not take action. Simple fact. The father chose not to do anything about it either before or after.
There are no court orders in place, so therefore the mother has done nothing illegal. That is, she has not done anything against the laws of the family court.If you look on the Courts' website you can read this. Please note that one of the most common words used is 'may'. http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/family-law-matters/parenting/relocation-and-travel/

While what the mother has done may be morally questionable, and not having regard to what is in the best interest of the child, it is not illegal. And believe me, having been involved in a relocation case, I am, now, well aware of the difference between legal obligations and moral obligations when it comes to a child being moved away.  :(  The last 9 years have been an emotional roller coaster ride for my family.

So moving forward. What does the father want to do? Does he want to establish contact with the child? Does he want the child to spend time with him? If the answer is yes to either of those questions, then in this situation, it would seem that the most appropriate path is to initiate mediation. Only then, can he start to move forward.

Now for a little bit of harsh reality. Sorry, but the father's refusal to sign the passport application smacks of bullying. He has had plenty of time to do something before now, and sat on his hands and appears to have done nothing. What legal advice, if any, did the father obtain in the last 5 years about this situation? Wolf has been very considered in his response to your posts. He calls a spade a spade, not a shovel.

Just as an aside, in a previous post you talk about the father's parental rights. Parents don't have rights when it comes to family law. They have obligations (if a court order is in place). It is the child who has rights.
Kikki. I think it is you arguing from an emotional point of view, shooting the messenger or messengers some of whom have been involved with multiple cases, without listening to them is not productive. From your posts I am getting the very strong impression your responses are based on what you think the Law should be or what you think it is. Boots has accurately pointed out the errors you made in writing about ‘Legal’ You really need to read more of the information on this site to get a grounding on the way the Courts work and the way decisions are arrived at.

Have you read parts of the Family Law Act particularly Section 60CC and the subsequent sections that deal with the way the Courts should arrive at their judgments. How much case law have you read? You should research “BIC” - the overriding principle of the Family Law Act in relation to children. (BIC is an acceptable site abbreviation because even the Courts use the abbreviation)

The scenario you paint is slightly strange. The child would have been an infant when the 2006 amendments went through. For a few years after that the then Federal Magistrates Court was handing out 4 and 5 nights a fortnight and half school holidays as virtually boilerplate judgments. Certainly by the time the child was 5 he would have been enjoying regular contact with the father. At that stage the Mother in fact would have been under a Court legal requirement to inform the Father of the circumstances of taking the child overseas. In fact the father could have prevented it through the Courts.

Overseas recoveries are via Hague and although this does not mean orders have to be in place, contact has to be.  Court orders in fact provide the ‘icing’ on Hague recoveries. Six years later – unfortunately no chance of this sort of recovery.

Now if the passport renewal is refused presumably the Mother will be deported back to Australia. If this is the case you still have major problem in dealing with contact (unless the Mother is cooperative)

Here is the Court scenario, Application and the other side responding, Explain why nothing has been done for 11 years, Try to argue BIC in this case.

The very likely scenario is going to be a Family Report and multiple hearings. With the current backlog you could be looking at up to 3 years for a final hearing. (You might get some very limited contact in an interim hearing) That takes the child to 14 years (the average child decide years) if the child does not want contact BIC really comes hard into play.

The circumstances of no attempt to establish contact and then depriving the Mother of gainful employment and having the child removed from schooling and a settled environment is giving a Barrister for the Mother multiple free kicks at goal.

How will you husband fair in Court? Certainly from your posts he will need proper representation and you will not be beside him. You would be needed for a support affidavit and for the Family Report so you cannot even ‘McKenzie Friend’ him.

Your husband really needs to decide of what is really in the best interests of the child. Remember there is no such things as parent’s rights in the Family Court.
Kikki said
Wolf you are NOT coming across as trying to be helpful at all.
I am sorry you feel that way but, when your emotional argument is laughed out of court you will think "well The Wolf was right"

 
Kikki said
What I have given in this public forum are the bare essential facts I needed to give to seek the advice of the members who are knowledgeable and helpful and whose advice I value.<br />
How can you expect to get accurate help when you only provide "bare essential facts" Lots of very learned people on this forum help a lot of people through their cases and i can assure you that "bare essential facts": are not welcome Up front and candid truth is.

If you cherry pick what information you provide and  whose opinion you value, you are not actually seeking accurate "advice" You are just seeking yes men (and ladies) who agree with your emotional statements.

Kikki said
Whether or not it will stand up in a court is anyone guess
 
I can assure you, and so has Conan, SPCA and Boots that your emotional argument wont stand up in court at all. Its up to you if you take that on board

Kikki said
A parent has a legal responsibility to inform the other parent of their intention to relocate with a child overseas - regardless of whether or not the parent sees the child regularly or not, they are still the biological parent who is both legally and financially responsible for the child, and therefore, they have parental rights and a legal say in the matter. The mother failed in her legal obligation to inform the father of her intention to move and failed to provide the father his legal right and opportunity to have a say in the living circumstances of his child.
 
What you have written is a fantasy that bears no resemblance to any kind of rules or laws whatsoever. Its so simple NO ORDERS = NO RULES

Kikki said
This should have been a matter for the courts to decide in the first place if the father refused to agree to the move.
 
Yes, on this you are correct but, your partner did nothing at the time and for 5 years. As soon as he found out the was an inkling of this possibly happening he should have been off to the court in 5 seconds to get short notice or ex parte stopping the trip or move. How do i know this? Because i have had to do it myself.

Kikki said
The mother actions HAVE and they continue to be since she is refusing to respond to any form of communication
If you were about to have me deported from a country i have lived in for 5 years, ruin my job and my kids stability  all over a passport renewal  I would not talk to you either.

Sometimes what you want to hear is not what you actually hear. Once again i am sorry that you are offended by what i have said to you but you would do well to listen to all the responses in this thread as everyone is basically saying the same thing

Last edit: by The Wolf


Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you…. Purple Monkey Dishwasher
Thank you all for your replies and your advice. The advice will certainly be thought about, discussed with the husband, and taken on board.

SPCA - I might take you up on that offer for that legal advice but firstly, I'll take the time to discuss the issues raised here with the husband over the next couple of days.  :depressed:

 
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