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Brother need help

Started by King Sam, Jul 23, 2006, 12:23:14 AM

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King Sam

What should I do to help my brother out,his wife is leaving out of state with his daughter,she doesn't want to see him again even though there still married,he has no idea where she's going,his not worry about her,is his daughter that he cares about,what should I do to stop her from taking his daughter aways from him,any legal advise or anything will be greatly appreciated.

GeorgiasDaddy

Hi King Sam. Im glad to hear that your being the good brother. If only we could all have the same help, the world would be a slightly better place.

I live in Oz, and I'm pretty sure the systems work the same over here, so here's what I know.

One of my firends had the exact same thing happen to him just recently, and there are courses of action to prevent/reduce the likeleyhood of it happening.

Firstly, your brother needs to seek legal assistance - over here we have a free service called legal aid, but only if you are financially strapped.

He can apply for an "Injuction" (with or without legal help) preventing his wife from leaving the state. She can still leave, but it will mean she has to return for the court hearings, and if she still choses to leave, it will be up to her to pay for at least 2 return flights per year for the child to maintain some form of contact - and more if your family wants additional contact also.

This is all I know on the topic, but hopefully it's a start for you.

Keep us posted on the outcome.

Best wishes.

Giggles

for temp emerg. custody.  That way...BM could still leave, but the child would stay with him.  He needs to have all his ducks in a row though.  He needs a lawyer..ASAP!!!
Now I'm living....Just another day in Paradise!!

agama.lizard

>What should I do to help my brother out,his wife is leaving
>out of state with his daughter,she doesn't want to see him
>again even though there still married,he has no idea where
>she's going,his not worry about her,is his daughter that he
>cares about,what should I do to stop her from taking his
>daughter aways from him,any legal advise or anything will be
>greatly appreciated.
++++++++++++++++++++++++++++++++++++++++++++
============================================

You better act NOW. Your brother has jurisdiction (meaning where he lives now) and that means he can keep the case where he lives and works. If she leaves and moves to another state, she may and WILL file over there and that will force him to go out there etc etc...and it will become their home state.

He has rights where they have been living now. He can heven BLOCK the move!!  Get a lawyer now if you can or you will get one later ...in another state. If not, go to the family court and ask questions and get forms..file something and get it PROIPERLY SERVED to her. That will keep jurisdiction where he lives now. ACT IMMEDIATELY!!
Good luck!