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If a person has a chinese wife who is not a citizen, but has

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a baby born in the...
If a person has a chinese wife who is not a citizen, but has a baby born in the united states, so that both the husband and baby are citizens of the united states, can the wife abduct the baby to china or will china follow something I heard was called the hague conventions and arrest the mother even if she gets to china.
Submitted: 5 years ago.Category: Family Law
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12/2/2012
Family Lawyer: N Cal Attorney, Attorney replied 5 years ago
N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9,524
Experience: since 1983
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Neither the PRC nor the ROC has signed The Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, see
http://www.hcch.net/index_en.php?act=conventions.status&cid=24
although it is in force in Macau and Hong Kong, see
http://www.hcch.net/index_en.php?act=states.details&sid=30

If she does not go to Macau or Hong Kong, the Hague Convention you referred to does not appear to apply. Even if she goes to Hong Kong or Macau she would not automatically be arrested upon arrival, but could be ordered to return the child to the US, see
https://www.ncjrs.gov/pdffiles1/ojjdp/215476.pdf at pages 60-61.

Is it not generally considered a parental kidnap case unless one parent takes a child in violation of an existing Court order, although the statute does not require that. But my experience has been that unless a Court order was violated, the police tell the complaining parent that it is a civil matter and tell the parent to consult an attorney.

If you want a divorce or legal separation, you can file for that and ask for an order preventing either party from removing the child from the State or from the US.

You can get a free consultation from some of the child custody attorneys listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/Custody-&-Visitation/New-Jersey

I hope this information is helpful.
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