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I think the Goldman case it's a victory to all of us and certainly brings hope to many of us.


my concern is about the great amounts of money spend to finally get his child back.


5 years!


i been 4 years away of my child and i don't reach courts yet


anyway good for the Goldman's.

there has been a lot of talking and then bottom line is contact an atorney?


ocean did give an answer.

So having more info from poster would help a lot. There's just not enough info to give reliable advice so that poster has reasonable expections of outcome.

don't fool yourself read please all my post in this thread and you will find out i have give more info than needed AGAIN please bear in mind that this is an issue of H1N1 vaccination no other than that claiming that you don't have enough info it's just a lie.

You are very assumptive...the poster has never said the child's parent has kept him from seeing the child.

wrong again READ all the postings is not that hard i said it's been 4 years since i don't see my child so stop saying there is not enough info on my situation.


you assume things and then come here saying that it's all so wrong that this father kidnap his son, but if it's a mom then it's OK to no let the father see his children and of course because we live in 2 different countries it's more than OK to not have the father be part of any decisions on his child's life and guess what that is not a kidnap either.


as long as the child has my name and it's registered in my country the child and i are protected under my county laws, of course they don't apply to the US but vice versa the current legal situation of my child in the US (as me not having legal custody until court grants me that) don't apply in my country I'm trying to have the court rule on the legal custody of my child as today i hold the legal custody in my country and both central authorities recognize that but there has to be a court granting me that in the US for me to be able to exercise my parenting rights and this can be only happening through a parenting plan that court has to establish with both parents.


so if today my child comes to my country i have legal rights upon my child that wont mean i can keep my child in my country against the mother or child's will, but means that my country acknowledge my legal custody and my parenting rights.

now in the US the mother don't have to and it's not recognizing my legal custody but i believe the state has to stop any decisions mother takes more if they go against the other parent will.

now one country says both parents hold legal custody of the child, the other country says till court says so both have joint legal custody, central authorities of both countries help in the process of establishing the custody where child lives but main focus it's to find and return the minor to his/her country of residence.


now today i can say school stop vaccination to my child till there is a court decision on the legal custody, because they like me or don't understand the law in the US , my child didn't receive the H1N1 vaccination the only thing i did was to speak with the principal.

it is clear to me that US family law do defer from other countries but that does not take away my rights as a parent with my children in my country American or what ever jurisdiction children is.

Hague convention deal with the return of the minor to his/her residence and also with visitation issues.


my questions are not out of disbelieve but out of ignorance from the US family law so there is no need to say that if i don't believe you have to go and ask a lawyer.


a US court or any other court in the world that apply to my case can take away my rights, but in my country i have my rights as a parent protected till there is no court on the child's jurisdiction saying the contrary.


visitation among with other issues involves 2 countries, under family law in the US im not recognized as a parent yet, in my country i am.

now it's up to the court decide if recognize me or not based on the hearing(s) in the US and that then will decide on my parenting status on the jurisdiction on my own country.


now i have a question left what about emergencies?

do hospital need my approval for any proceedings?

being the US a signatory state of the Hague convention, is safe to say that this legal custody case it's based in two countries and the child has the protection of both nations so do the parents.


so far i have legal rights as a parent an till there is no court in any of both countries saying the contrary my child and both parents are protected under those same laws.


please understand that i have legal custody of the child right now as in the terms of my country laws and the Hague convention protects also those rights.


court can and will in my case decide if i keep my parenting rights or i loose them, but as today i have the legal custody of my child.

it would help lots if you explain in more detail how in terms of the US law i will not have legal custody of the child, as today because there has not being any court giving me that.

the mother consent will not and can't give any power to the state on decisions that belong to both parents till court says so.

another question rise here, as in my status today. what will be the same issue under emergency medical procedures.


do the hospital need both parents consent before any proceedings?

So, who in your opinion should be responsible for making decisions regarding the child's health and welfare? He has said the child lives with the mother. The person that is there every day with the child providing for and taking care of her or someone thousands of miles away who hasn't seen his child?

you are judging with out knowing the whole story, anyway there is laws that protect the parenting rights of both parents and the child, being miles away could mean Hawaii, Alaska or another country this is not relevant and definitely can't determine the legal custody of any of both parents.(as in my case)


knowing where my child is won't make me part of her life or be part of important decisions for her development.


em i the only single long distance parent? of course not.


thats why there is protection of my rights and those of the child and the state in any form school or medical should wait for the legal resolution to know who has what in terms of responsibilities over a child.

vaccination is not and will not be mandatory and it's up to the parents decide if they wanted or not and school being the one that apply the shot in representation of health department should wait till court rule on the legal custody of the child.


if i was married and we have joint legal custody of the child and can't agree on the vaccination we take this to court and perhaps it will be too late, when court decides that the seasonal vaccination campaign ends.


there is no yet any ruling about the legal custody therefor I'm still hold the rights for my child whether i live in china or in the state next door.

** update **

Here is the US there is a big list of shots the kids MUST have in order to sign up and stay in public school. The only way out is to prove it is against your religion.

immunization waiver forms are valid in all states in the US if parents do not wish to have their child's vaccinated.

not only religious but philosophical objections are valid to waive this "must" be vaccinated.

and i know that as a fact.


our doctor was so open about this and give us enough info about Avoiding Unwanted Immunizations.


file in court that my child should not be vaccinated until a hearing date sounds a solution.


thanx.

what would be the mechanism to have a educative, health, religious or any other important system for the development of a child, listen at both parents in case they can't agree on how and what choices they want for a child if there wasn't been any court ruling on the legal custody of the child?

the question is not about if H1N1 vaccination its good or not, it could be also a cancer treatment that one parent refuses by religious or other means to be apply to his/her child, or a educative system (homeschooling vs private schooling), or the approach to a specific religion rather to the one of the other parent (baptist vs Jewish) and the list goes on.


in the end courts most rule about the legal custody of the child.


but what if there is not been a ruling yet, people here say that custody and decisions goes to primary parent, but is there a way to have protected the other parent rights as to oppose or to choose specific decisions that are involved in his/her child's development and that differ of the primary parent?.

 

One thing to keep in mind is that the US does NOT recognize dual citizenships. My son is eligible for citizenship in Canada for the simple fact that his father was a Canadian citizen when DS was born. Canada will recognize both his US and Canadian citizenship, but the US only recognizes his US citizenship. So the citizenship of the child in this case is a moot point if this custody case goes through a US court. Now, IF you have some kind of legal custody of the child in the country you live in, then the Hague convention will come into play, but only in regards to the possible abduction.

"The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause"... (can't post the link but you can find this info in the web site of the US state department.)

Ok....you are out of the country so what stops mom from taking child to the dr and getting shot there? This is a very small issue you raised compared to what is really going on in your case.

I am confused....do you have custody in YOUR country and trying to get child back? Why is this an abduction?

ocean, AFAIK this forum is about helping people with their doubts about issues that have to deal with parenting and family issues.

my question it's plain simple should school listen at both parents?


you give your point of view but please do not take this to other areas there is nothing to be confused about it.

stop assuming things do read and understand the Hague convention treaty, it does not just deal with abductions.

please lets keep focus on the topic.

thanx.

i will clarify more about my situation and also the issue on my question.


first than anything im a single proud father my child has my last name but also is registered in both countries the mother's and mine.

my child was born in the US and i open a process (2 years ago) under the Hague convention for international child abduction, according to the convention my paternity was established once i have the legal documentation that proves that.

birth certificate and registration in both countries as the child has two nationalities.


central authorities of both countries had established and acknowledge my paternity just with a birth certificate, we try mediation but didn't work, finally she filed for sole custody, i the accept go to court as is the only way to reach a parenting plan and visitation rights, i don't have legal representation and exhausted all the possibilities with no avail.


the issue is as davy wrote " The action or behavior of a school or some social policy can not define parental status or override the wishes of a parent. "


for example if there is a health emergency and decisions most be taken will the hospital ask the mother for the father authorization?


it's been 4 years since i don't see my daughter 2 years trying to negotiate and reach an agreement with the mother and 2 years in the Hague convention process, finally we will go to court for a hearing but there is not a date yet.

if this will take 2 years or more (im sure more as the mother and i can't agree in many issues) that's means that i will be able to exercise parenting rights when my daughter is 9 years old at least.


which means my daughter had been away 9 years, it is safe to say that i lost a child. ()