Passport restriction/bond

[Portia]

Mother is CP and has duel citizenship with a former USSR/non Hague country.  Child has a passport already.

We've been told we can move to make mother post a substantial bond before taking the child out of the country for visits to eastern europe.  She has threatened to remove the child to the foreign country before.  There is a restriction against MOVING out of the US in our settlement, but not against travel.  We're looking to make her post bond for travel - to prevent her from leaving the child with relatives overseas.

1.  Do we motion in family court where our settlement is registered, or

2.  Do we do it in a federal court or some other forum?

3.  Is there a site or article that you can point us to that will explain the procedure? I read the UCCJEA stuff on Sparc and can't find it.

Thanks always!

[socrateaser]

>Mother is CP and has duel citizenship with a former USSR/non
>Hague country.  Child has a passport already.
>
>We've been told we can move to make mother post a substantial
>bond before taking the child out of the country for visits to
>eastern europe.  She has threatened to remove the child to the
>foreign country before.  There is a restriction against MOVING
>out of the US in our settlement, but not against travel.
>We're looking to make her post bond for travel - to prevent
>her from leaving the child with relatives overseas.
>
>1.  Do we motion in family court where our settlement is
>registered, or

Yes, assuming that the child and other parent and you all continue to reside in the state where the settlement is entered.

>2.  Do we do it in a federal court or some other forum?

Never in federal court.

>
>3.  Is there a site or article that you can point us to that
>will explain the procedure? I read the UCCJEA stuff on Sparc
>and can't find it.

The procedure is jurisdiction specific, and this particular motion is not typical, so there will likely be no explanation available from the court. You'll probably need an attorney unless you can figure it out on your own.

If you're in CA, I could prepare the paperwork, but not for free.

[Portia]

Wish we were in your area - I'd be happy to pay you to do it.  Will get local counsel on the job, then.

UCCJEA is a wonderous thing!