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That is the bad part, NCP does not have anything that wouldn't be easily tossed out as hearsay. CP has quit her job in the US and married another non-US citizen who resides in Mexico.  Several months ago she gave NCP notice that she intended to take minor child and move to a city very close to the US/Mexico border some 12 hours away from where NCP resides, and would not provide NCP with an address or telephone number until after the move. NCP's attorney wrote CP a letter stating that if she removed the child from the state without a court order NCP would press charges under New Mexico's Custodial Interference Statute (SS 30.4.4.). She never filed a motion, and now it appears that she is making preparations to move to Mexico to be with her spouse, whom she had a baby with about 3 weeks ago (I know that's probably irrelevant). NCP lives in a very small town, and it is common knowledge among CP's friends and associates that she is planning to move (also irrelevant). When NCP talks to the child, CP instructs the child to tell him that she wants to "go to Mexico with mommy" (still irrelevant lol).

The minor in question is 4 years old.

Q1: NCP's attorney told him he is powerless to do anything until CP actually abducts the child, and then all he could do is file charges in the US and hire someone to find her in Mexico and bring her back. What do you think?

Q2: Also, CP was ordered to produce all the child's medical documents in May, and has not done so yet. Minor child has a life threatening medical condition, and CP has not included NCP in medical decisions as ordered by the court. CP will not follow through with any doctor's orders for medication for the child. NCP's attorney is unwilling to press the issue. It there anything that can be done?

There are also concerns of neglect on CP's part. CP currently resides with her parents and leaves the child for long periods of time with her elderly mother.

ok one more question:

Q3: NCP is supposed to have physical custody of the child from noon December 31 to noon January 8. Is there anything that could be accomplished in that period of time to get only supervised visitation with the CP?

Surely there must be SOMETHING that can be done before the CP actually abducts the child and hides in Mexico, lol.

CP is wanting to take the child to Mexico. CP is a Mexican national, not a US citizen. The way I understand it she is not planning on crossing the boarder legally. What other information would help?

Ok, here's the situation:

Father is NCP.

Mother is CP.

Both share joint legal custody.

Current court ordered parenting plan states that the invloved minor child is not to be removed from the United States for any reason.

CP is threatening to remove the child to a forein country to prevent NCP from having the child for the 9 days for winter vacation that is ordered in the parenting plan. CP is planning on moving out of the US perminately along with the minor child.


Now the questions:

What can NCP do to prevent the CP from interfering with the court ordered parenting time schedule?

What can be done if indeed the CP removes the child from the US?


Thanks,

Tabitha

Enough already.

Mistoffolees, you are beating a dead horse.

It sounds to me like this is something Mom is doing without consulting the child. No where does the poster state that the child has asked for more time with Mom, or that she is uncomfortable asking dad about personal issues. For all we know she hates mom, can't talk to her about the matter and has already got the 411 on the big event elsewhere.

If the kid gets her period at Dad's house at whatever point in the distant future the stars have ordained, and SHE EXPRESSLY ASKS at that moment to spend some time with Mom to commemorate the glorious event, then so be it. Dad should let her go over for a couple hours or so, maybe overnight. End of story.

We don't know what the child wants because obviously the child can't post. Therefore we cannot assertain each parent's motives. Game over.