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can i take my kid out of country without my spouse's permission

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Antigone*

Senior Member
I thought I would risk taking my 10 year old daughter from San Diego back to Macau permanently after our divorce. I did not have my ex's permission but I did have full physical custody.
Within only 1 week we had local investigators at the door and my daughter and I were forcefully returned to San Diego. I had to stand trial in the abduction of my own daughter! To avoid jail time I had to plea 'no contest' and ended up losing custody of my daughter permanently.
Now I can only see her for limited hours per week with a county social worker present.
It has been devastating and I SHOULD HAVE NEVER RISKED IT. I would give anything to be able to go back in time and just be 'stuck in the US' with custody and my daughter :(
-- Phiona Chan

This thread is 4 years old. Please do not necropost
 


adhoc

Junior Member
T. Even if you somehow managed to get past these roadblocks, dad can head to the courthouse the second you leave and get a court order for the child's return.
You can get a court order for the child's return but a US court order is toilet paper in other countries, not recognized and not enforceable, unless you have their courts check it out and agree to comply with it. That's why you need a really good international law attorney in international divorce cases.

With countries that have no extradition treaty to US, your goose is almost cooked at that point.
In my case, my STBX is a foreign national from an eastern European country that has no extradition treaties with US and isn't really on great terms with US. If STBX took my S4 there, and eventually got them to give him citizenship, you can be assured that country would not extradite their own citizens, a woman and a child, even if caught. So what if their father is a US citizen. You can go there, find them, alert local authorities and they will do nothing and I seriously doubt the US embassy can do anything to help either if there is no extradition treaty. Now with France or UK it might be a different story, if they extradite. I heard a woman kidnapped kids to France, they caught her and she lost all custody. But it really depends on the country.

China does not extradite, Philippines is the same way which is why it's a favorite place for criminals to run to. Check which countries signed the Hague convention.

Best to put your minor child on a non-fly list with the state department. The nutjob in my case is determined to leave and I have a feeling will find a way eventually. She was writing questions online, explaining how to run - and how to hide (e.g. change your name, change child's name, etc.)
 
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kimberlywrites

Senior Member
Just another thought. It is unclear whether the poster is talking about VISITING parents or relocating. If the former, why not send your husband a letter stating that you are going to visit mom and dad and give dates, flight numbers, and contact numbers. He may try to stop your or he may not, but in either case if he tries to use this against you in the future, you will be covered.
Make sure it's notarized.
 

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