International abduction

[Britman]

What is the name of your state (only U.S. law)? My estranged wife refused to allow me visitation rights to see my son even though the custody agreement gave them to me. She then ran away from where the judge said she had to live with my son. But this was in Mexico! and the Mexican authorities are notoriously lax at enforcing anything.
I have eventually tracked my son down. He is attending school in Texas so I can only assume she is there as well.
Some points to consider. My wife is Cuban. My son is British and was born in England. We had been living in Mexico. The judge did not give my wife permission to leave Mexico. I certainly didnt give permission either. If she didnt have permission to take my son out of Mexico how did she enter the USA? Without my permission what is my sons immigration status in the USA. considering an i94 only allows 90 days and this has been going on for over a year. If she crossed a state line as she had to do on entering Texas from Mexico has she committed a federal offence? What other offences has she committed and is she likely to get some protection as a cuban?
But I guess the biggest question on my mind at the moment is what do I do about it. Now that I have located my son how do I get him back?
Comments please!!

 

[Zigner]

What is the name of your state (only U.S. law)? My estranged wife refused to allow me visitation rights to see my son even though the custody agreement gave them to me. She then ran away from where the judge said she had to live with my son. But this was in Mexico! and the Mexican authorities are notoriously lax at enforcing anything.
I have eventually tracked my son down. He is attending school in Texas so I can only assume she is there as well.
Some points to consider. My wife is Cuban. My son is British and was born in England. We had been living in Mexico. The judge did not give my wife permission to leave Mexico. I certainly didnt give permission either. If she didnt have permission to take my son out of Mexico how did she enter the USA? Without my permission what is my sons immigration status in the USA. considering an i94 only allows 90 days and this has been going on for over a year. If she crossed a state line as she had to do on entering Texas from Mexico has she committed a federal offence? What other offences has she committed and is she likely to get some protection as a cuban?
But I guess the biggest question on my mind at the moment is what do I do about it. Now that I have located my son how do I get him back?
Comments please!!

I'm sorry, but your case is really too complex for an internet forum. If you are in Mexico, then I would suggest that you speak with the US Consulate/Embassy. If you are in the US, then I would suggest that you speak with the Mexican Consulate. You will also want attorneys working for you. I wish you the best of luck.

 

[Britman]

I'm sorry, but your case is really too complex for an internet forum. If you are in Mexico, then I would suggest that you speak with the US Consulate/Embassy. If you are in the US, then I would suggest that you speak with the Mexican Consulate. You will also want attorneys working for you. I wish you the best of luck.

Thanks for the reply. I am in Mexico and my Lawyer has spoken to the us consulate who say that they cannot do anything about a family dispute. My question of if her illegal actions would mean the FBI getting involved seems to be about the only way I can move this thing forward. For years she has refused me access to my son and has refused all kinds of negotiation or mediation I dont believe she will start now.
So what do I do?

 

[Silverplum]

Thanks for the reply. I am in Mexico and my Lawyer has spoken to the us consulate who say that they cannot do anything about a family dispute. My question of if her illegal actions would mean the FBI getting involved seems to be about the only way I can move this thing forward. For years she has refused me access to my son and has refused all kinds of negotiation or mediation I dont believe she will start now.
So what do I do?

We only do US law here. I strongly recommend you follow the advice Zigner gave.

 

[LdiJ]

Thanks for the reply. I am in Mexico and my Lawyer has spoken to the us consulate who say that they cannot do anything about a family dispute. My question of if her illegal actions would mean the FBI getting involved seems to be about the only way I can move this thing forward. For years she has refused me access to my son and has refused all kinds of negotiation or mediation I dont believe she will start now.
So what do I do?

You need to find an attorney in Mexico who is willing and able to do a Hague Convention case. The Hague Convention is an international treaty regarding many issues including child custody issues. The US and Mexico are both signatories to the treaty. You will eventually need an attorney in the US as well.