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Hallo, my sister (american) divorced and joint custody (kids

age 11 and 8) was...
Hallo, my sister (american) divorced and joint custody (kids age 11 and 8) was restricted to travel based on Hauge convention. so she can not travel to certain countries. my question is : what if she travels to approved country (signed the HAuge) and from there travels to her desired country (did not sign the Haug) ?
or What if she just travels to the desired country,breaking the restriction, will they take custody from her ?
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Answered in 37 minutes by:
4/23/2013
Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16,385
Experience: 13 years experience, divorce & custody issues, protective orders, child abuse issues
Verified

Hello there ---

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Does your sister live in the US at this time (and what state ) ? If not, what country is she living in?

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MARY

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Customer reply replied 4 years ago


she lives in usa.texas..but originaly from middle east...

Hello there

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I will assume that the husband and father of the children is in Texas and will remain there when she will travel outside of the US with the children. Under the circumstances, she is supposed to get written permission from her husband (or ex husband if they are divorced) or if he refuses to grant that permission then she is supposed to file a motion with the family court in her county seeking permission from a judge to travel outside of the US with the children. If she does not have the permission of the children's father or a court order then if she does travel outside of the US with the children and then the father files an emergency custody order with the Texas family court -- the father can be granted custody by the Texas family court. However, once the father has been granted custody by the court, it is then up to the father to try to track down the mother and the children and if they are then located in and living in a country that has signed onto the Hague convention, the father could bring an action in the family law court of that country and the judge there could and probably would order that the children be returned to the father and then father could return home to Texas with the children. If the mother is located in a country that has not signed the Hague convention and does not have any other treaties with the US regarding the jurisdiction of the courts there then the father has no real effective way of getting a local family court in that country to order the mother to return the children to the US. So mother could actually live for many years to come with the children in such a country and the courts in that country can simply ignore the father's requests to return the children to the father in the US.

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Regarding your question about whether or not custody will be taken from the mother if she goes to such a country -- there is no one who can go to the country and take custody for persons in the US who would otherwise be awarded custody, so the husband has no way to get to them except to go into that country and try to kidnap the children back from their mother and the country that they are located in (using the courts will be useless because the court will not have the power to do anything to assist the father in getting the children back).

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One final thought here -- if the father is aware that the mother might try to leave the US with the children and flee to a country where the father cannot get the court to hand over the children to him then the father can put an alert at the airport through the US Dept of State and then the mother's name and the children's name will be forwarded to all US airports and the airline employees will detain the mother and the children in the US until the father arrives to pick them up at the airport.

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Please let me know if you need further clarification on this question and answer -- or if you think that giving me some additional information might make a difference in the answer that I gave to you , please feel free to let me know that and give me the additional information and I will certainly clarify the answer based upon any additional questions or issues that you might have.

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MARY

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Customer reply replied 4 years ago


Thank you for your reply. I would like to clarify that her ex already went to court and judge decided to stop her and kids from flying (to coutry not signed hauge).Also important thing is , she just wants to travel for vacation, so she will return to USA. she doesnt not have intention to stay in that country.


In this case , my question is : what if she travels to approved country (signed the HAuge) and from there travels to her desired country (did not sign the Haug) ? will usa court know that she traveled to the restricted country? ..and to travel to a country (signed the huage), she again need to get permission form father ..if the father says no, will the court support him (even though she is travling to hauge approved country).


Am asking all this, becouse we (her family) want to see her and the kids..and practicaly we can not come to usa every year..so am thinking of options that we can meet them in approved country...or if she can travel to approved country and then come to our country (not signed hauge)..final question: the court already restriced them from travling to our country , does that mean restricted until kids are 18 ? or after few years they have travel ?


Thank you very much.

Hello again

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The restriction is until the judge lifts the order -- that could be until age 18, If she travels to a country that has not signed the Hague convention against the orders of the court then even if she intends to return to the USA, he ex can apply to the court for full custody of the children and he can take them away from her when she returns to the USA if the court gives permission (the court most likely will give permission because the penalty for defying a court order like that is the loss of custody of the children). If she wants to travel to a Hague convention country to meet you there for a visit then she will also need the courts permission to do that and she could lose the kids even if she only travels to a Hague convention country. Any travel that she does outside of the home state of Texas (even to another state) must be approved by the court if her ex refuses to grant his approval because she runs the risk of upsetting the court and putting herself in the position of losing her children if she disobeys a direct order of the court. I wish I could give you some way around this court order but I cannot.

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MARY

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Hello there

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Do you have any further questions for me? If not, can you please press the 3rd, 4th or 5th smile face underneath this ANSWER box so I will be paid for my time? I am truly paid NOTHING for assisting you with this lengthy question and answer session unless you press a positive rating underneath this answer box (this is not a hobby for me -- it is how I earn a living and it hurts my rating ratios and income when customers inadvertently forget to press the 3rd, 4th or 5th smile face below). Pressing the 3rd, 4th or 5th smile face below so I will be paid for my time will NOT cost you any additional money -- doing so simply acts as the trigger to Just Answer to pay me for my time in assisting you this evening (otherwise Just Answer retains the entire payment and pays me nothing). THANK YOU VERY MUCH !!!

--

MARY

Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16,385
Experience: 13 years experience, divorce & custody issues, protective orders, child abuse issues
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Legalease
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Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16,385
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Experience: 13 years experience, divorce & custody issues, protective orders, child abuse issues

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