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Why would an American father be upset that a foreign country will not enforce a US child-custody order

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jrigole

Junior Member
Why would an American father be upset that a foreign country will not enforce a US child-custody order and there for he will never see his daughter again? Why would he file federal criminal charges against the mother for violating a US child-custody order. The American father knows that the mother has the legal rights under the laws of the foreign country to prevent the American father from seeing his daughter.

While traveling in a foreign country, you are subject to the laws of that country. It is important for parents to understand that, although a left-behind parent in the United States may have custody or visitation rights pursuant to a U.S. custody order, that order may not be valid and enforceable in the country in which the child is located. For this reason, we strongly encourage you to speak to a local attorney if planning to remove a child from a foreign country without the consent of the other parent. Attempts to remove your child to the United States may:

Endanger your child and others;

Prejudice any future judicial efforts; and

Could result in your arrest and imprisonment.

The U.S. government cannot interfere with another country’s court or law enforcement system.
 


justalayman

Senior Member
Bottom line answer to the base question;

Because he has a moral right to see his child and legal right to see his child and recieve child support.

You need to remember that at some time apparently the other parent was within the jurisdiction of the court that ordered the child support. Running away so one cannot reach you legally doesn’t mean you aren’t still legally liable to act as the order required.

Attempts to remove your child to the United States may:
Endanger your child and others;
well if fighting for your child endangers the child, I’m pretty sure I wouldn’t want my child to be in that particular foreign country either

Prejudice any future judicial efforts; and
sometimes you take risks

Could result in your arrest and imprisonment.
so you believe that although the US order is useless in the foreign country, somehow that countries courts can reach the father here?

The U.S. government cannot interfere with another country’s court or law enforcement system.
that varies depending on what the other country is
 

not2cleverRed

Obvious Observer
Why would an American father be upset that a foreign country will not enforce a US child-custody order and there for he will never see his daughter again? Why would he file federal criminal charges against the mother for violating a US child-custody order. The American father knows that the mother has the legal rights under the laws of the foreign country to prevent the American father from seeing his daughter.

While traveling in a foreign country, you are subject to the laws of that country. It is important for parents to understand that, although a left-behind parent in the United States may have custody or visitation rights pursuant to a U.S. custody order, that order may not be valid and enforceable in the country in which the child is located. For this reason, we strongly encourage you to speak to a local attorney if planning to remove a child from a foreign country without the consent of the other parent. Attempts to remove your child to the United States may:

Endanger your child and others;

Prejudice any future judicial efforts; and

Could result in your arrest and imprisonment.

The U.S. government cannot interfere with another country’s court or law enforcement system.
If the country in question is a signatory to the Hague Convention, then the American parent has a reasonable expectation that the other country will abide by the conditions agreed upon in the Hague Convention.

A parent, regardless of their nationality, has the right to feel affection for their child. I am unclear why you would find it odd.

Countries that renege on their obligations under the Hague Convention in child abduction cases should consider this: such cases can be used in US courts in other cases as a reason for putting restrictions on a foreign born parent's custody and visitation, as a real concern for child abduction exists.
 

justalayman

Senior Member
I’m not sure but I suspect it’s spam seed. Notice the “we”

we strongly encourage you to speak to a local attorney if planning to remove a child from a foreign country without the consent of the other parent





I’m thinking “we” may be a low life gutter level law firm working on spamming the site.



Either that or it’s a mercenary that offers to retrieve your child from the foreign country to avoid the listed pitfalls.
 

TheGeekess

Keeper of the Kraken
Is this a test? Nobody told me there would be a test today. I haven't even studied for it. What's the professor like ... can s/he give me a break or something?
Oh, I'm willing to bet you can get an accommodation - maybe some extra time, or a safe space or something. :unsure:
 

Ohiogal

Queen Bee
Why would an American father be upset that a foreign country will not enforce a US child-custody order and there for he will never see his daughter again? Why would he file federal criminal charges against the mother for violating a US child-custody order. The American father knows that the mother has the legal rights under the laws of the foreign country to prevent the American father from seeing his daughter.

While traveling in a foreign country, you are subject to the laws of that country. It is important for parents to understand that, although a left-behind parent in the United States may have custody or visitation rights pursuant to a U.S. custody order, that order may not be valid and enforceable in the country in which the child is located. For this reason, we strongly encourage you to speak to a local attorney if planning to remove a child from a foreign country without the consent of the other parent. Attempts to remove your child to the United States may:

Endanger your child and others;

Prejudice any future judicial efforts; and

Could result in your arrest and imprisonment.

The U.S. government cannot interfere with another country’s court or law enforcement system.
Hey Spammer, there is an international treaty that aids parents, you buffoon.
 

Ohiogal

Queen Bee
Is this a test? Nobody told me there would be a test today. I haven't even studied for it. What's the professor like ... can s/he give me a break or something?
You need to go to Rate My Professor and criticize this prof's teaching ability because I got nothing. Want some wine?
 

not2cleverRed

Obvious Observer
Hey Spammer, there is an international treaty that aids parents, you buffoon.
Except... When it doesn't. Japan has been... problematic in compliance (James Cook/Hitomi Arimitsu, for example).

Why would an American father be upset that a foreign country will not enforce a US child-custody order and there for he will never see his daughter again? Why would he file federal criminal charges against the mother for violating a US child-custody order. The American father knows that the mother has the legal rights under the laws of the foreign country to prevent the American father from seeing his daughter.
The father has good reason to be upset that a country that signed a treaty is violating that treaty.

While traveling in a foreign country, you are subject to the laws of that country. It is important for parents to understand that, although a left-behind parent in the United States may have custody or visitation rights pursuant to a U.S. custody order, that order may not be valid and enforceable in the country in which the child is located. For this reason, we strongly encourage you to speak to a local attorney if planning to remove a child from a foreign country without the consent of the other parent.
Again, as a signatory to the treaty, if there is an existent court order regarding custody in the United States at the time of the child is abducted to another country, then as a signatory to that treaty, recognizing the validity of the US court order is the law.

The treaty goes both ways: if there are existent legal custody agreements in your country when the other parent brings the child to the United States, the United States is legally bound to recognize that agreement.

When your country chooses to not abide by the terms of a treaty, there will be consequences for other parents in the US of Japanese origin. A parent going to court in the US has a valid argument that they are worried about their child being abducted to Japan. This might mean that a child could never visit Japan, for fear that YOUR country won't abide by the Hague Treaty. It means that the Japanese parent might have restrictions on their custody, and if the fear that the child might be abducted to Japan is deemed to be serious enough, the Japanese parent might only get supervised visitation.

The U.S. government cannot interfere with another country’s court or law enforcement system.
And countries shouldn't sign treaties if they aren't going to abide by them.
 

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