quick question

[scaredmom79]

What is the name of your state (only U.S. law)? Ma

Before I moved back to massachusetts I wrote up a letter giving me custody and my husband visitation rights of our daughter. He and I both signed it and had it notarized. Will this hold up in the courts or is it worthless because its not filed in the courts?

 

[LdiJ]

What is the name of your state (only U.S. law)? Ma

Before I moved back to massachusetts I wrote up a letter giving me custody and my husband visitation rights of our daughter. He and I both signed it and had it notarized. Will this hold up in the courts or is it worthless because its not filed in the courts?

I could be used in court to show intent, or you could even attempt to submit it to court as a stipulated agreement. (may not work if your husband protests) However, other than that, its worthless and unenforceable.

 

[Just Blue]

What is the name of your state (only U.S. law)? Ma

Before I moved back to massachusetts I wrote up a letter giving me custody and my husband visitation rights of our daughter. He and I both signed it and had it notarized. Will this hold up in the courts or is it worthless because its not filed in the courts?

When did you move back here?

 

[Zigner]

However, as it stands right now...the paper is worthless.

 

[scaredmom79]

I moved back the first week of October.

 

[Just Blue]

I moved back the first week of October.

Your paper means next to nothing. Dad can file to have the child returned to his state. Next time get judicial permission.

 

[scaredmom79]

I moved BACK to the same state as dad and had done that paper as a precautionary measure. I was asking because he is from scotland and my lawyer advised me this morning that if he has a passport for her he can take her without permission out of the country. I did not ask her at that point about the paper and have not yet heard back from her. Thankfully the baby does not have a passport. I was trying to make sure that he can't walk away with her on his visitation day. he has not been very nice lately and I have alot of worries.

 

[Isis1]

I moved BACK to the same state as dad and had done that paper as a precautionary measure. I was asking because he is from scotland and my lawyer advised me this morning that if he has a passport for her he can take her without permission out of the country. I did not ask her at that point about the paper and have not yet heard back from her. Thankfully the baby does not have a passport. I was trying to make sure that he can't walk away with her on his visitation day. he has not been very nice lately and I have alot of worries.

that's kind of what happens when you don't do things the legal way. just saying....

 

[scaredmom79]

touche..... my mother and friend warned me. I thought he was being honest for a change. some people(myself) never learn.

 

[Isis1]

touche..... my mother and friend warned me. I thought he was being honest for a change. some people(myself) never learn.

i hear ya.

 

[Proserpina]

I moved BACK to the same state as dad and had done that paper as a precautionary measure. I was asking because he is from scotland and my lawyer advised me this morning that if he has a passport for her he can take her without permission out of the country. I did not ask her at that point about the paper and have not yet heard back from her. Thankfully the baby does not have a passport. I was trying to make sure that he can't walk away with her on his visitation day. he has not been very nice lately and I have alot of worries.

Your attorney was right...more or less. He can leave, sure - but even if he has a UK passport for your daughter he'll still generally have to deal with custodial matters once he's back in the UK.

Incidentally if he has applied for your daughter's UK passport this could be a problem - the application does NOT necessarily require the consent of both parents and a passport could well be issued without your knowledge.

 

[LdiJ]

Your attorney was right...more or less. He can leave, sure - but even if he has a UK passport for your daughter he'll still generally have to deal with custodial matters once he's back in the UK.

Incidentally if he has applied for your daughter's UK passport this could be a problem - the application does NOT necessarily require the consent of both parents and a passport could well be issued without your knowledge.

Actually, I am pretty sure that he couldn't get a UK passport for the child without mom's signature any more than mom could get a US passport for the child without dad's signature.

Hague signatory countries are generally pretty much equally on board with that sort of thing.

 

[Proserpina]

Actually, I am pretty sure that he couldn't get a UK passport for the child without mom's signature any more than mom could get a US passport for the child without dad's signature.

Hague signatory countries are generally pretty much equally on board with that sort of thing.

Yes, he can.

1.6 Passport applications that are received for children generally fall into the following categories:
• Consent given by a parent with parental responsibility.
• Consent given by an adult who has been given care through the Courts.

 

[LdiJ]

Yes, he can.

Really? The UK, a signatory to the Hague Convention, would issue a UK passport to a US born child without the other parent's signature? I really find that difficult to believe.

However, if that is really true then the only advice that I can give mom is to allow no visitation outside of her presence until something is done to ensure that the father cannot abscond with the child to the UK.

 

[Proserpina]

Really? The UK, a signatory to the Hague Convention, would issue a UK passport to a US born child without the other parent's signature? I really find that difficult to believe.

However, if that is really true then the only advice that I can give mom is to allow no visitation outside of her presence until something is done to ensure that the father cannot abscond with the child to the UK.

I said - note the underlined:

Incidentally if he has applied for your daughter's UK passport this could be a problem - the application does NOT necessarily require the consent of both parents and a passport could well be issued without your knowledge.

You said:

Actually, I am pretty sure that he couldn't get a UK passport for the child without mom's signature any more than mom could get a US passport for the child without dad's signature.

Hague signatory countries are generally pretty much equally on board with that sort of thing.

I responded:

1.6 Passport applications that are received for children generally fall into the following categories:
• Consent given by a parent with parental responsibility.
• Consent given by an adult who has been given care through the Courts.

Your reply:

Really? The UK, a signatory to the Hague Convention, would issue a UK passport to a US born child without the other parent's signature? I really find that difficult to believe.

See where I'm going with this? Dad is/was married to Mom - if Dad applies via the Embassy, the Embassy WILL consider him as having parental responsibility regardless of his being separated and/or divorced. The fact that kiddo was born in the US really doesn't come into it - by virtue of Dad's UK citizenship that side of it is pretty much a done deal. Now had they NOT been married it may have made something of a difference depending on when the child was born (as nothing is 100% guaranteed I can't discount it completely)..