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Child tax exemption/more visitation/new modification problem

Started by 416021va, Jun 19, 2006, 04:59:03 AM

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416021va

Soc, thanks for the response. However, I am not a British National with greater ties to another nation as opposed to the U.S.

I am a US born citizen who works for the U.S. Department of Defense. My wife is Scottish (which also falls underneath the British Naming convention).

Why wouldn't a judge allow me access to a passport based on that?

The Scots don't have a history of sticking it to the Americans by choice.

Thanks for your help.


socrateaser

>Soc, thanks for the response. However, I am not a British
>National with greater ties to another nation as opposed to the
>U.S.
>
>I am a US born citizen who works for the U.S. Department of
>Defense. My wife is Scottish (which also falls underneath the
>British Naming convention).
>
>Why wouldn't a judge allow me access to a passport based on
>that?

"Well, why didn't you say so?" -- The Wizard, from the Wizard of OZ.

If you're a US citizen, the entire issue is completely different.

File a motion requesting that the other parent produce the passport on grounds that you want to take the child on a vacation to Scottland, and the other parent refuses to produce the child's passport. Write a letter requesting the passport from the other parent first, so as to demonstrate your good faith desire to settle without resort to litigation. Tell the other parent that if you don't receive the passport within 15 days that you will assume that she does not wish to resolve the matter amicably and that you will be forced to seek legal relief.

If the other parent raises the issue that your spouse is a UK citizen, the court may want to investigate further, but it really doesn't have any grounds to believe that you will not bring the child back, because even though your spouse may not be reachable by the long arm of the law in the UK -- you can be reached, via the Hague Convention, and British Authorities will cooperate to ensure the child's return.

416021va

Soc, thanks for the response. However, I am not a British National with greater ties to another nation as opposed to the U.S.

I am a US born citizen who works for the U.S. Department of Defense. My wife is Scottish (which also falls underneath the British Naming convention).

Why wouldn't a judge allow me access to a passport based on that?

The Scots don't have a history of sticking it to the Americans by choice.

Thanks for your help.


socrateaser

>Soc, thanks for the response. However, I am not a British
>National with greater ties to another nation as opposed to the
>U.S.
>
>I am a US born citizen who works for the U.S. Department of
>Defense. My wife is Scottish (which also falls underneath the
>British Naming convention).
>
>Why wouldn't a judge allow me access to a passport based on
>that?

"Well, why didn't you say so?" -- The Wizard, from the Wizard of OZ.

If you're a US citizen, the entire issue is completely different.

File a motion requesting that the other parent produce the passport on grounds that you want to take the child on a vacation to Scottland, and the other parent refuses to produce the child's passport. Write a letter requesting the passport from the other parent first, so as to demonstrate your good faith desire to settle without resort to litigation. Tell the other parent that if you don't receive the passport within 15 days that you will assume that she does not wish to resolve the matter amicably and that you will be forced to seek legal relief.

If the other parent raises the issue that your spouse is a UK citizen, the court may want to investigate further, but it really doesn't have any grounds to believe that you will not bring the child back, because even though your spouse may not be reachable by the long arm of the law in the UK -- you can be reached, via the Hague Convention, and British Authorities will cooperate to ensure the child's return.