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11-03-2009, 11:44 AM
| | Member | | Join Date: Oct 2008
Posts: 49
| | This Hague Convention stuff is still moot.All of this is again assuming that a judge wouldn't just allow Dad to take the child, as nothing that the OP has presented here proves that. And since Mom would be making that the basis of her argument, the burden of proof would be on her. Quote:
Originally Posted by LdiJ If it really is a signatory to the Hague Convention then all that is really needed is to ask the judge to require dad to post a bond to cover travel and legal expenses if mom has to retrieve the child from Costa Rica. | And why "If it really is"? You don't trust the State Department  ?
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11-03-2009, 11:48 AM
| | Senior Member | | Join Date: May 2004
Posts: 41,459
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Originally Posted by DaddyAdvocate This Hague Convention stuff is still moot.All of this is again assuming that a judge wouldn't just allow Dad to take the child, as nothing that the OP has presented here proves that. And since Mom would be making that the basis of her argument, the burden of proof would be on her. | You cannot be certain of that. If the judge is at all uneasy about the situation then its quite possible that a bond will be required. Quote:
And why "If it really is"? You don't trust the State Department ?
| It was just a turn of phrase...I didn't look at the list myself. I am assuming those who say it is on the list are correct.
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11-03-2009, 11:53 AM
| | Senior Member | | Join Date: Dec 2007 Location: Thebes
Posts: 6,108
| | Why doesn't mom plan a trip to Costa Rica with her daughter. This way Dad and Mom and show their daughter what a beautiful country Costa Rica is. This would totally take the wind out of Dad's war and mom and daughter would get a nice vacation.
Daisy, when you land in Alajuela, remember one thing. It is the capital of the world 
__________________ Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us. | 
11-03-2009, 02:55 PM
| | Senior Member | | Join Date: Mar 2009 Location: Weigh a pie...
Posts: 6,801
| | Quote:
Originally Posted by DaddyAdvocate This Hague Convention stuff is still moot.All of this is again assuming that a judge wouldn't just allow Dad to take the child, as nothing that the OP has presented here proves that. And since Mom would be making that the basis of her argument, the burden of proof would be on her. And why "If it really is"? You don't trust the State Department  ? | I've got to go with LdiJ on this one - more than a few of us have occasionally found information regarding the Hague Convention at the State Department's website is not as up-to-date as it might be...that's all. Y'know? Not saying it can't be trusted overall but sometimes information can be a little misleading (and on one or two occasions has been out-and-out wrong).
Having said that a quick phone-call usually clears that up too 
__________________ ***************************** When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all.
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11-03-2009, 03:12 PM
| | Member | | Join Date: Oct 2008
Posts: 49
| | Quote:
Originally Posted by Dogmatique I've got to go with LdiJ on this one - more than a few of us have occasionally found information regarding the Hague Convention at the State Department's website is not as up-to-date as it might be...that's all. Y'know? Not saying it can't be trusted overall but sometimes information can be a little misleading (and on one or two occasions has been out-and-out wrong).
Having said that a quick phone-call usually clears that up too  | Ok, fair 'nuff. Here it is from the Haque Convention Website  :
[url=http://hcch.e-vision.nl/index_en.php?act=conventions.authorities&cid=24]HCCH | Authorities[/url]
Still irrelevant 
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11-03-2009, 06:25 PM
| | Junior Member | | Join Date: Nov 2009
Posts: 6
| | | Her father has taken her on vacation before and not returned when stated, returning 2 days after I was told she would be home. Though he only mentioned taking her away once, which i filed a report with my lawyer stating, he has various times mentioned that he would like to show me what it feels like to have to live without her. No, I cannot prove it.
I have visited Alajuela with him when we were married, but am currently pregnant with a high-risk pregnancy and am not capable of going, as he wants to take her in January.
The list I read of the countries in the signatory must have been an older list, as Costa Rica was not one of the countries listed.
I do not wish to keep her from her heritage, but am still concerned enough that she would not return to let her go at this time. I am not saying that I would never allow her to go, but I'm not comfortable right now, at age 4, when all his ties to this country would be with him, with taking that risk. | 
11-03-2009, 06:37 PM
| | Senior Member | | Join Date: Mar 2009 Location: Weigh a pie...
Posts: 6,801
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Originally Posted by daisyw28 Her father has taken her on vacation before and not returned when stated, returning 2 days after I was told she would be home. Though he only mentioned taking her away once, which i filed a report with my lawyer stating, he has various times mentioned that he would like to show me what it feels like to have to live without her. No, I cannot prove it. | What was the reason he was late? (The fact that he's already taken her on vacation and has returned with her is a major point in his favor)
__________________ ***************************** When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all.
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Last edited by Proserpina; 11-03-2009 at 06:40 PM.
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11-03-2009, 06:41 PM
| | Member | | Join Date: Oct 2008
Posts: 49
| | Quote:
Originally Posted by Dogmatique ...The fact that he's already taken her on vacation and has returned with her is a major point in his favor | Ditto.
And OP, your comfort level is, again, NOT RELEVANT to your childs father taking an out-of-the-country vacation with the child.
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Last edited by DaddyAdvocate; 11-03-2009 at 06:42 PM.
Reason: Crappy spelling
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11-03-2009, 11:01 PM
| | Senior Member | | Join Date: May 2004
Posts: 41,459
| | Quote:
Originally Posted by Dogmatique What was the reason he was late? (The fact that he's already taken her on vacation and has returned with her is a major point in his favor) | I am thinking that it wasn't a vacation to Costa Rica that time.
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11-03-2009, 11:02 PM
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Originally Posted by LdiJ I am thinking that it wasn't a vacation to Costa Rica that time. | Clarification is a good thing.
__________________ ***************************** When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all.
— Austin Grossman Quote: | Salagadoola mechicka boola bibbidi-bobbidi-boo | | 
11-03-2009, 11:04 PM
| | Senior Member | | Join Date: May 2004
Posts: 41,459
| | Quote:
Originally Posted by daisyw28 Her father has taken her on vacation before and not returned when stated, returning 2 days after I was told she would be home. Though he only mentioned taking her away once, which i filed a report with my lawyer stating, he has various times mentioned that he would like to show me what it feels like to have to live without her. No, I cannot prove it.
I have visited Alajuela with him when we were married, but am currently pregnant with a high-risk pregnancy and am not capable of going, as he wants to take her in January.
The list I read of the countries in the signatory must have been an older list, as Costa Rica was not one of the countries listed.
I do not wish to keep her from her heritage, but am still concerned enough that she would not return to let her go at this time. I am not saying that I would never allow her to go, but I'm not comfortable right now, at age 4, when all his ties to this country would be with him, with taking that risk. | Look, you do not have to cooperate with him taking her out of the country. You can force him to take it to court. You can both present your arguments to the judge, and the judge will decide.
We cannot predict, with any certainty what the judge will decide.
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