OK, After a search for the same basic info that you have asked, I found a conversation between myself and Illinois Parent... You may want to paste it onto something else and read it when your not on the net, it's lengthy.
Here goes....
POSTED BY UKIAH:
Where do I go to find out if a passport has been issued in my child's name?
What if one has been issued, can I have it Revoked or something like that? Or do I need to wait until it expires?
Does it show where the child has been or is if taken out of the States?
I only ask because my X has relatives in Europe, and has threatened to take my daughter and not come back.
Appreciate any info.
Ukiah
POSTED BY ILLINOIS PARENT;
Ukiah -
Are you the custodial? Do you have sole or joint?
First, call 1 800 THE LOST. That is the National Center for Missing and Exploited Children, and they have an International division also. They are the best single resource out there for prevention of abduction, and that is what you need to do - PREVENT.
Next, contact your local passport office - there is one in every major US city. Ask them what you need to do to find out if passports have been issued in your kids' names.
Next, if no passport has been issued as of yet, get one and have a stop put on it. If the passports already exist, have the stop put on it so that no further passports, replacements or duplicates can be issued by any US Embassy anywhere in the world.
Next, petition the court to get the passports into your possesion, if your ex has them, telling the judge of the threats. At this time, also find out about getting it stipulated that you do not give your permission for the kids to travel outside the US. If you have sole custody, you may be able to get it restricted so much that your ex cannot even cross a state line with the kids. I did this one.
Next, figure out what country in Europe your ex would be most likely to flee to with the kids. Most of Europe are signatories to the Hague Convention. Basically, that is an agreement between signatory nations to respect the custody decrees of other signatory nations. It basically states that children are to remain in or be returned to the place of their habitual residence. It is not always that easy, though, to invoke the Hague and get kids back. There are plenty of loopholes under which they do not have to return kids.
Famaliarize yourself with a copy of an Application for Assistance Under the Hague Convention. Make sure that you have on hand, in duplicate, all papers, documents, photos, court orders, etc., that it will call for in the eventuality that your ex does flee with the kids.
You may also petition the court to require your ex to post a bond if he does get permission to travel overseas with the kids. In the eventuality that he doesn't return as scheduled, that bond amount would be forfeit to you for use in getting the kids back.
Next, famaliarize yourself with the family laws and mores of the country to which you suspect he will flee. Many otherwise modern countries have laws that state that minor children (and sometimes wives, even US citizens) can be claimed as Nationals of that country. In that case any assitance you could possibly get (if they DECIDE to) from the US Embassy and/or State Dept. will be SEVERLY limited. In this case, contact the nearest Consulate of that country and just ask: Has my ex, a citizen of your county, applied for or received a passport in the names of our minor children? Has he asked for these children to be listed on his passport (many countries do this).
As far as that particular goes, US Immigration Law states that children must have their own passport and listing them on the father's or parent's passport is not valid for travel out of or into the US. Though this rule is not always strictly followed on departures from the US. If, by some chance, a airline allows travel with this type of document, you can sue them and they will also be fined by the US government.
Next, you want to contact the Embassy of the country in Canada. DO THIS. I personally know of several cases where the parent simply drove across the Canadian border on a "shopping trip", thus avoiding immigration questions, went to the Embassy in Toronto, and had the passports issued there. Contact Child Find Canada for more information up there. They are an excellent organization.
Hopefully, this will give you a start. If you have any more questions (though I think I covered most - lol - )let me know via the boards, and I will try to help.
I have been personally going thru this for 9 years, and now that it takes a lot of work on your part. I have also helped work on a lot of cases for others, so I know these steps can and do work. But, be advised. They are not fool-proof. If a person is truly determined, nothing you can do will stop them. The best you can do is to make it as difficult for them as possible. Additionally, doing all this leg work helps show the court that you are serious and not simply making spurious, inflammatory accusations. But, don't look for any guarantees. And whatever you do, DONT give any money to ANYONE other than a lawyer. The organizations I've listed, as well as several others, are all non-profit and charge no fees.
Good luck. Believe me, I know how it feels.
POSTED BY UKIAH:
If He does flee, and I am able to put a stop on the passports (after he has gone) does that mean I can't bring her back to the States once she is found?
REPLY BY IP;
The 'stop' on the passport is to keep him from fleeing with your daughter in the first place. The 'stop' is a 'no-issue, no-replace' order, in essence.
If he does flee, and there had been a stop on the passport, it means that either the stop didn't work (mistakes do happen), or he used a passport from a different country.
By the way, contacting Interpol can also be usedful. They can 'flag' a passport, regardless of what country it was issued from. For instance, if he travels ANYWHERE in Europe where he goes thru immigration control, there will be a 'flag' in the computer associated with that passport/person. He would then be detained, and could be held for extradition back to the states. At the very least, your daughter could/should be held for you to go pick her up. The nearest US Embassy would be of assistance in this situation.
I can't say this enough times. It may be a comfort to know that if the worst happens, an international abduction, not all is lost. There are ways to get the child back, but certainly no guarantees. And the expense can be exorbitant. The best possible course of action is to PREVENT the abduction. I won't tell someone else to prevent it at all costs, but that is the way I have handled my own case. At all costs. Over my dead, decaying body. Wrenched from my cold dead hands is the only way my ex will EVER get my child out of this country. If for no other reason than when I catch up to him and get my child safely back, he will wish he killed me when he had the chance. But then again, that's just my opinion.
See? I told you it was long! I HOPE this helps!!
[Edited by Ukiah on 02-21-2001 at 07:20 PM]
