Child brought over seas and left

[Truebeauty72]

Jurisdiction

New Jersey

I'm trying to figure out how to help my boyfriend or figure what direction we should go in. The mother of his oldest son for years has been trying to take there out of the country to visit her family but he refused to sign paper work for the passport because he was told by her friends that she planned to leave the little boy overseas. Because of his refusal to give her the passport she began to file police complaints, filed for custody and child support. She received primary custody of there child and he was ordered to pay child support. Once she received custody she got the passport an took the child overseas. She has returned to the u.s but the child has yet to be seen since the trip. We strongly believe that she left him with her family out the country. Is there anything my boyfriend can do to have him returned to the u.s ? He is paying child support for a child not even living with her or even in the country for that matter!! And also can the child be brought back

 

[army judge]

If your friend has true concern for his child, he needs to discuss this with a lawyer he hires.

This is very complex and eventually require assistance from the federal government, specifically the Department of State.

If the country in question isn't a signatory to certain treaties, the child might not ever be returned to the US.

If foul play is suspected, the local police could be consulted and will advise accordingly.

Without direct knowledge, the child might be dead and buried in some abandoned plot of land miles from civilization.

The police or the FBI might be of use to your friend.

 

[Truebeauty72]

We don't think there is any foul play we just believe she left him overseas because it's easier for her and to spite the child's father. while the child was in the u.s her parents mainly took care of him and she refused to allow the child's father to have him because he had moved on into a new relationship. We just don't know it there is anything he can do since she was granted primary custody.

 

[zddoodah]

She has returned to the u.s but the child has yet to be seen since the trip. We strongly believe that she left him with her family out the country.

Strongly believe? Rather obviously, this should be verified before anything else happens.

Is there anything my boyfriend can do to have him returned to the u.s ?

I have no reason to believe your boyfriend lacks the ability to travel to where the child is and bring the child back to the U.S. He could, of course, also seek relief through the courts.

P.S. You mentioned that this is your boyfriend's oldest son, which means he has at least two younger children. Are the younger children also children of the same woman as the oldest son?

We just don't know it there is anything he can do since she was granted primary custody.

I don't know what "primary custody" means under New Jersey law, and I obviously haven't read any of the court's orders regarding custody and visitation. However, I would hope it is obvious that, if the child is not made available to your boyfriend for visitation as per the court's order, he can seek to have the mother held in contempt of court. As far as the passport issue, obtaining a passport for a child under 16 requires that both parents must consent unless one parent claims "sole legal authority, which means a court order giving that parent "sole legal custody," a court order specifically allowing that parent to obtain a passport without the other parent's consent (and a few other things. Based solely on the plain meanings of the terms, "primary" and "sole" custody are not the same thing, so there could be an issue as to how the passport was obtained.

Your boyfriend needs to consult with a local family law attorney (preferably one that has some experience with international custody issues) ASAP.

 

[mightymoose]

Does the father have a visitation order? If not, why? If so, when is he permitted visitation? Has he missed any court ordered visitation? Does the custody order say anything about removing the child from the county/state/country?

 

[ElleMD]

There are several issues with the story as you present it. 1. If this is his child, he owed support. Period. He also had the ability and right at any time to file in court to request visitation and or custody.
2. It takes a whole lot to revoke legal custody of a child. Without sole legal custody, the mother could not apply for a passport for said child without the father's agreement. If taking the child out of the country was an issue, your bf could have had a stipulation added to the custody order forbidding it.
3. Why does he not know if his child is physically in this county or not? Does he have no contact at all with this child? When he asked the mother about junior's whereabouts, what did she tell him?

 

[leslie82]

I'm trying to figure out how to help my boyfriend or figure what direction we should go in. The mother of his oldest son for years has been trying to take there out of the country to visit her family but he refused to sign paper work for the passport because he was told by her friends that she planned to leave the little boy overseas. Because of his refusal to give her the passport she began to file police complaints, filed for custody and child support. She received primary custody of there child and he was ordered to pay child support. Once she received custody she got the passport an took the child overseas. She has returned to the u.s but the child has yet to be seen since the trip. We strongly believe that she left him with her family out the country. Is there anything my boyfriend can do to have him returned to the u.s ? He is paying child support for a child not even living with her or even in the country for that matter!! And also can the child be brought back

So why hasn't your boyfriend done anything? Why isn't he on here asking questions? You have no part in this legally so you can't do anything.

He needs to talk to a lawyer asap.

 

[leslie82]

We don't think there is any foul play we just believe she left him overseas because it's easier for her and to spite the child's father. while the child was in the u.s her parents mainly took care of him and she refused to allow the child's father to have him because he had moved on into a new relationship. We just don't know it there is anything he can do since she was granted primary custody.

You realize you only get his side of the story right? When I was with my ex husband I heard about how horrible and awful his first wife was. I've known her as long as him and she used to be a raging bitch. She was a little crazy too. But most of what he said about her he exaggerated.

He needs to talk to a lawyer. Period.