threatening to kidnap my child abroad

[Alex1176]

What is the name of your state (only U.S. law)? California.
1. We both green card holders (non USA citizens yet).
2. The child is USA citizen and still have no American passport.
3. My wife told me that if i will leave the house she will add the child to her passport in her country's embassy in the USA and will leave with him to her country.
4. We are still married and live together, but the situation is impossible.

What can I legally do to prevent her leaving the States to her country in Asia?

 

[Proserpina]

What is the name of your state (only U.S. law)? California.
1. We both green card holders (non USA citizens yet).
2. The child is USA citizen and still have no American passport.
3. My wife told me that if i will leave the house she will add the child to her passport in her country's embassy in the USA and will leave with him to her country.
4. We are still married and live together, but the situation is impossible.

What can I legally do to prevent her leaving the States to her country in Asia?

You cannot prevent her from leaving at all.

You CAN however notify CPIAP and put them on alert so you will be notified if anyone attempts to get a US passport for your child :

Children's Passport Issuance Alert Program


This doesn't prevent her from actually leaving with your child though - and remember, you don't need a passport to actually leave the US.

You just presumably need one to enter wherever it is you're going.

If I were you I'd file IMMEDIATELY for divorce and temporary custody and get an injunction preventing either of you from taking the child out of the area; again this is not fool proof but if she did leave you'd at least have some legal basis to try and have the child returned.

Which country are we talking about, btw?

 

[Alex1176]

You cannot prevent her from leaving at all.

You CAN however notify CPIAP and put them on alert so you will be notified if anyone attempts to get a US passport for your child :

Children's Passport Issuance Alert Program


This doesn't prevent her from actually leaving with your child though - and remember, you don't need a passport to actually leave the US.

You just presumably need one to enter wherever it is you're going.

If I were you I'd file IMMEDIATELY for divorce and temporary custody and get an injunction preventing either of you from taking the child out of the area; again this is not fool proof but if she did leave you'd at least have some legal basis to try and have the child returned.

Which country are we talking about, btw?

I meant in the post "leaving with the child". She off course can go whenever she wants. Alone.
The country is Uzbekystan.

 

[Proserpina]

I meant in the post "leaving with the child". She off course can go whenever she wants. Alone.
The country is Uzbekystan.

International Parental Child Abduction Uzbekistan


According to this, Uzbekistan is a member of the Hague Convention.

This is a good thing for you though again it still doesn't guarantee anything.

 

[Alex1176]

International Parental Child Abduction Uzbekistan


According to this, Uzbekistan is a member of the Hague Convention.

This is a good thing for you though again it still doesn't guarantee anything.

Is there any way to prevent from the uzbeky embassy to issue a passport to the child, by court order?

 

[Proserpina]

Is there any way to prevent from the uzbeky embassy to issue a passport to the child, by court order?

You can try, yes - you'll need to contact the Embassy directly and ask them what steps to take.

Embassy of Uzbekistan
1746 Massachusetts Ave. N.W.
Washington, D.C. 20036
Telephone: (202) 887-5300
Fax: (202) 293-6804


Good luck!

 

[LdiJ]

You can try, yes - you'll need to contact the Embassy directly and ask them what steps to take.

Embassy of Uzbekistan
1746 Massachusetts Ave. N.W.
Washington, D.C. 20036
Telephone: (202) 887-5300
Fax: (202) 293-6804


Good luck!

This is good information but you didn't really answer his exact question. His question was:

Alex1176
Is there any way to prevent from the uzbeky embassy to issue a passport to the child, by court order?

The answer to that question is no. The US courts have no jurisdiction over Uzbekistan or its embassy.

However, he might convince the embassy to agree to not issue a passport for the child