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Hello. My problem is that my ex has been in Peru for the ...

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Hello. My problem is that...
Hello. My problem is that my ex has been in Peru for the last two years. She was given permission by the judge to take them there while she pursued a fellowship. She was also ordred by the same judge to contact me weekly with information about how my children are doing. It is now going on four months since I have heard anything from her.Also she is planing as far as I know to return to the states At the end of july. I have no idea what her plans are or where she will be living. She refuse''s to answer my emails concerning my children. I have had no contact with my children during the last two years that they have been in Peru. My daughter is 16 and my son just turned 18. The divorce was in Tn.           
Submitted: 9 years ago.Category: Family Law
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7/1/2008
Family Lawyer: Law Educator, Esq., Lawyer replied 9 years ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 120,997
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
You would need to go back to the court that issued the custody order and file a motion for contempt for not following the order. You can seek to get her served when she comes back into the country, but you will have to find out when she is returning. This is not an easy process and service can become complicated.


If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
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Customer reply replied 9 years ago
Please explain why the process and service is complicted. I understand that the wheels of justice are square. As a laymen, please help me.
Family Lawyer: Law Educator, Esq., Lawyer replied 9 years ago
You would have to know where he would be so you can serve him with the divorce papers. Your suit for divorce cannot proceed until he has actually been served or if he cannot be located you will have to wait a longer period of time and do a "service by publication," which means it will have to be published in the local newspaper where he is believed to reside for 6 consecutive weeks. If you know how and where to find him in the U.S. service will not be a problem. Serving him in Peru would require compliance with the laws of Peru and the international treaties.


If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

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Customer reply replied 9 years ago
Did you really read my question? First off in my question it mentions a she not he.Nor is there any mention of divorce papers
Family Lawyer: Law Educator, Esq., Lawyer replied 9 years ago
I am so sorry, I got your question confused with another, almost identical question. Essentially, the answer is still similar, you will have to file the motion of contempt against her in the court that issued your divorce and get her served with the motion for contempt and order to appear. To serve someone in Peru, you will have to follow the guidelines under the laws of Peru for service of subpoenas. If you wait until she gets back to the U.S., you will have to find out where she is to serve her. Once you have served her, then the court will hold a hearing and can fine her. You could also seek to get custody of your 16 year old at the same time by filing for a Motion for Modificaion of custody and use her lack of cooperation and witholding the children from you as grounds for the change in custody.

Again, the problem comes in with getting her served. If you file these motions before she leaves Peru and you want to get her served there (and do not believe she will just stay in Peru with the 16 year old to avoid coming to answer your claims), then you will need to contact the U.S. Embassy in Peru to get their assistance in serving her there. As far as the 18 year old, there is no custody issue with him and you will need to seek a way to contact him on your own.

You can file the motions now and wait for her to return before serving her, but then you need to know where she will be so you can serve her. Service can be completed on these motions through the U.S. Mail, but if she does not show up and you do not know where she is, there will be little the court can do except hold her in contempt until she is found.

Again, I am very sorry for the confusion.
Law Educator, Esq.
Category: Family Law
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