Relocation out of the US

[gumdropgirl]

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

[socrateaser]

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

Without both parents' written consent, or a court order, a U.S. Passport will not be issued. So, don't sign a consent form and the other parent won't be able to remove the child from the U.S. -- at least not legally.

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

Depends on the jurisdiction where child has been removed to.

I need you to tell me exactly what's going on, or I can't give you reasonable advice.

[gumdropgirl]

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?

[socrateaser]

>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?

Ah. Now I understand. Thanks. What proof do you have that CP intends to unlawfully remove the child from the U.S? Depeding on your proof, you may be able to obtain sole custody and supervised visitation to the other parent.

[gumdropgirl]

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.

[socrateaser]

>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?

I think that you could put together a declaration of facts from which a trier of facts could reasonably infer that the CP is planning to remove herself and the child from the jurisdiction, and that you should be awarded temporary sole custody as a means of thwarting the imminent harm that may result.

The fact that she is married to a Mexican national who resides therein, is extremely relevant and admissible hearsay, if you have a copy of the marriage license.  

It's a crap shoot, but if this is what you really believe, then you don't have much choice.

>
>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?

This is another evidence supporting an emergency change of custody, because it shows the CP's affirmative acting against the child's best interests.

>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?

See above.

I think your attorney is being a bit overly cautious, or he/she doesn't really believe you. Based on what you're telling me, unless I knew for certain that the judge in your case would not grant the TRO, I'd give it a shot and file the motion.

[gumdropgirl]

Thank you so much. I will let NCP know. I guess it's sad when relations between parents break down to this point. Sadly for him it is indeed not a matter of choice, because the CP has taken the child 1000 miles away before to prevent the NCP from seeing the child, before there was an order for custody. He feels like sense she has done it before, she will do it again.

Thank you so much!