I need an attorney who can help me bring my son back. His dad informed me just today, that instead of being with him, he has sent him to mexico. I dont know where, as far as address, I only know the city and state. His wife refuses to give me any information, nor will she answer my calls. I do NOT feel comfortable with this. I did not give him permission, and he probably does not need it, but my child comes first. If he is not with his dad, and I dont know where he is, it is not Ok. I will definatley change the visitation decree we have been using for the past 7 years. I have tried the US Embassy in Mexico and keep leaving messages all day today and no one returned my call. I will go personally there if I have to. But I would like to have some type of legal support. PLEASE HELP..my son is 7. I think he is with his over there with the stepmom, but I am not certain. I didn't even know he was there until his dad called and told me today. The police department said there was nothing they could do unless he does not bring him back. I asked his dad to bring him back and he said he couldnt. ......*UPDATE* My ex admitted sending him to Mexico and I have proof my ex is in the states. I have asked both of them for the address, his dad says he doesnt have it. His wife has turned off her phone. I have no contact with my son. I am meeting with an attorney today. The Embassy said I needed an address in order to contact the Hauge Convention.
Thank you all so much..it is true that you can take a step child across the border without written any written consent, UNLESS it is stated in the visitation decree. I should have changed that a long time ago. But I believed in the goodness in his dad...well, things are about to change, and I am not in any way trying to get revenge. I have an attorney, and since my ex is in the states, it will be easy to have him served as soon as next week. I am requesting an emergency hearing, since they both refused to give me location of my child, and I cannot speak to him. When all this is over, not only will the visitation be modified, but the 187 dollars of child support that I have been receiving will increase, and since he has never paid for half of our son's medical expenses, and I can prove that he hasnt, that will also change. .thank you so much for all your advice and encouragement. I know it isnt over and the chances of him bringing my son back soon are slim, but at least my ex will know that he is not going to get away with anything anymore. I love my son and want nothing more than to have him back safely in the U.S with me. And I am afraid that out of anger, my ex will decide not to bring him back until he pleases...which will be worse. He has until August 1. I hope he brings him back sooner, somehow, because his wife cannot cross him back to the US without a parent. .Im thinking my ex will head to mexico to join them in returning. I hope I can at least talk to my son soon. I miss him. Thanks again, I'll keep you all informed. ***Me and my ex went to court yesterday. My attorney was able to get the visitation modified, with Travel restrictions, and if my ex can't or won't spend the time he has with our son, then I can simply pick my son up from wherever he is at. My ex has the same amount of time to spend, every 1st, 3rd and last weekend, one month in summer and I will gladly give him extra time, as long as I know where he is and as long as he is in Texas. I hated taking him to court. I was hurt more than anything else. I trusted my ex, and his wife. I cared about them and thier new baby, and I wanted my son to be a part of their family. His stepmom wouldnt give me the address over the phone and I will never understand that. This wasn't a game to me, that is MY son. I really thought we were past the animosity and childish games. My son will be back in the states on Tuesday and I can't wait til he is safe. His dad will be going to Mexico to pick him up, and I really hope there is no problem there. He has a birth certifcate and that should be all he needs since they are not flying. According to our new modification, he cannot get a passport for our son, if he needs written consent from me if he goes out of the state. I am so thankful for my attorney at Haugen Law Firm in Carrollton TX. I hope now that me, my ex and his wife will somehow be able to move past this. Actually, I'm hoping I can get past this, I am the one who no longer trusts them. With good reason. Thanks ladies, I appreciate all your help!
Keep calling police. Squeaky wheel!!! Call newspapers, call whomever you have to mama! Please keep us updated and know you've got support here!
My son was kidnapped by his dad at age 5, taken to Nigeria without my consent, and kept for many years. This was prior to the laws regarding parental abductions now in effect, and it was hell so I know what you're going through. I have dealt with the DA's office, the State Dept, and the US embassy in Nigeria extensively. I know it's hard not to panic, but you can't. You have to do things according to the law, you can't get hysterical with anyone or you lose your credibility.
If only one parent is traveling with the child, they may be asked to show either documents proving they have sole legal custody of the child, or a notarized letter from the other parent authorizing the child to travel outside the country of origin. Your son would also need his birth certificate.
http://gomexico.about.com/od/entryrequirements/f/kids_ent...
But if your son is not with his father he will need to be asked if he gave permission to his wife or whomever, which is not part of your visitation agreement, and I believe you could call kidnapping. Your ex has opened himself up to serious trouble.
Contact the police in the city your ex lives in. (This is the city that will be responsible for filing a missing child report, etc.) Explain that your son is to be with his father and is not, that you have been told he is in Mexico but you don't know with whom. Tell them you want a "welfare check" made on your son, since you cannot talk to him and fear for his safety (on the chance he is there.) Give them your ex's contact information, and get them copies of your visitation and custody orders. The police MUST go to see how your son is, and when they find out he is not there they will have to deal with the situation, file a report, and turn it over to the DA's office in that county. And while the police cannot do much other than take a report and file it, they cannot arrest your ex unless they have evidence of a crime, the court does have the power to make your ex tell them where your son is and with whom and produce him.
Here's an attorney I found that handles parental abductions, hopefully close enough to your area:
http://www.parkerlawoffices.com/firmoview.html
Do NOT go to Mexico to bring your son home unless you are asked to, because once you are there you are under their laws, not US law. Please allow the courts to order his return.
I am praying for you and your son, and I pray this is not a complicated situation, that your son will be returned to the US immediately. Please send me a private message if there is anything I can help you with.
God bless♥
Call Congressman Lloyd Doggett's office in the morning. His office is awesome. they will help you,.
Texas Office
300 East 8th St. #763
Federal Building
Austin, TX 78701
Phone: ###-###-####
1-866-916-5921
Well I just realized he is not your Congressman.
OK here is the link to find out who your Congressman is.. Call them.
http://www.fyi.legis.state.tx.us/City.aspx?CityCode=13024...
. If they do not help call Llyod's office , he is famous for helping people in situations like this.
Prayers and if it is his step mom taking your son across boarders against your knowledge . . .isn't that kidnapping??????
Call the cops, a lawyer, and whoever else you can think of. NOW!
Have you called the police? How is this not kidnapping? I would think that you can start with your local police and have this treated as a missing persons case. Are your husband and his wife in the US? Can't the police get involved and drag them into custody until they cough up a location for him?
I just read your SWH and I agree with the other poster who said call the police again, the opposite department that you called before. Say that your son is supposed to be on visitation with his father in X city but your son's father cannot produce him and won't tell you where he is. The child is supposed to be with either him or you and certainly not out of the country. Keep calling until someone listens to you or march into the police station and file a missing person's report.
does your son have a passport? kids cannot get one or travel without both parent's permission - well, not legally anyway....I am so very sorry..I agree to not go there yourself without legal support.....oh honey, good luck to you
I'm so sorry you're going through this. I'm really trying hard to put a positive spin on this, so I just took a quick look at your question history and it looks like your son's father has been planning this for quite some time. You posted about your son's father wanting to take your son on a July vacation to Mexico back in 4/2009. Later that June you posted asking for advice for a lawyer and getting First Rights of Possession put into visitation but you never updated either of those threads. Then that October the step-mom started to insist that your son start calling her Mom.
So if you were able to modify the custody agreement back in 2009 or even early 2010 so that your son's father couldn't take your son out of the country without your permission let alone SEND him out of the country without him (Dad), you should have some legal recourse. All you need to do regarding the police is show them the custody papers to prove that what your ex did is illegal.
I agree with those that have suggested calling your Congressman, the Mexican Embassy, and getting in touch with your lawyer ASAP and notifying your custody judge. Document all contact with your ex and everything he tells you and dig up all conversations you've ever had over this issue. Get the most recent photos of your son that you can find, get his finger prints (hopefully you have a finger print kit on file with the police department), and even what clothes you sent him with for his time with his father.
I agree 100% with Grammarocks. Get your paperwork together and contact the police where he was SUPPOSED to be, and get them on your exhusband asap.
I would try severall different options:
1) Try calling the Mexican Embassy here in the United States
2) Contact your judge from yhour custody case and see what he says
3) Contact the lawyer that you used in your custody case
4) Call the police again and tell them that his dady couldn't bring back your son and you are demanding that a missing child report be filed in Mexico.
Good luck.
Call your U.S. Congressman's office in Washington DC. Send an e-mail to him/her immediately. This is completely illegal. Did your child have a passport? Had you signed for it? If not your ex can be picked up immediately and held.
This is kidnapping.
Talk to the Congressman's office and ask to speak to your Rep in DC.
Our divorce the other parent needs a signed letter to get here out of the country. Though when they went to Canada they never asked him for it. Contact an attorney, find out exactly what your laws are and what your rights are. Then contact the Mexican embassy here and find out the procedure to get them to look into it. They could probably direct you to someone you can hire over there to either go check in onthe child or take you to him.
where is your son's passport? if he doesn't have it - how did he get across the border?
I'm sorry I personally don't know any lawyers that can help you...
I would call my Congressman...I would continue to call the police every hour until they pulled their heads out of their asses!!!
My instinct would be to get there...as fast as i could...but you are right not to go without legal help or a translator if you need one...
You'll be in my thoughts and prayers. I hope your son returns to you safely.
look at your divorce papers. sometimes they have where the other parent has to get permission to leave the country. if it's in there than he is breaking the law, and bring it to the courts attention.
How old is your son. Did he go with friends? Why is the dad and wife being such jerks and not sharing info? Good Luck!
Does your son's dad work in the US? Not only would I be calling the police department every single moment but I would also call his dad's boss. I would tell the employer what he has done. I would continue to contact them until they got tired of me calling, same with the US Embassy in Mexico. Do not give up, keep calling and do not stop. Eventually someone will start the wheels moving. I wish I lived closer to you, I would translate for you. I will keep you in my prayers. May God be with you and your son.
Seems to me the if he is with the stepmom in a foreign country without your consent with your son, she is in big trouble. How long is the visitation to be? A week, a month? What was said in the conversation between you and your ex? Is he Mexican? Is she? Does your son have a cell phone? Wow, this is a mess and I'm so sorry. I can just imagine what you are going through. Contact the police again, request a welfare check. Second, contact your divorce attorney and see about getting an emergency hearing in front of the judge. I would present this as a kidnapping. Good luck and let us know what happens! Prayers to you and your son.
I took my three kids (two steps and one bio) to Mexico without written consent from their other parents, so you don't have to have a notarized consent letter if your court order doesn't say you have to have one.
With that being said, if you're worried about your son being with the step-parent in Mexico, call a local attorney and explain the situation to him/her. If your decree has been modified since the last time the ex wanted to take him out of the country, then action needs to be taken. If the decree has not been modified and the husband has permission to do with him as he pleases, then sadly you'll have to wait to see he chooses not to bring him back at his scheduled time.
Now, I'm going to play devil's advocate for a moment. Where did you call your ex? Was it at their house here in the states or on his cell? Is it possible that the ex was in Mexico when you called? Is it possible that the ex took your son to Mexico, came back to the states for whatever reason and has every intention of heading back there later this week or something?
Whatever the case is, you need to remain calm. People have a short fuse for others who are in hysterics.
*hugs*
I know for a fact that a parent can not take a child to Mexico without a notorized form from the other parent. And that is even if you are still married.
Does your son have a passport too?
Praying for you and your son. Do pray - I'm sure you have been. God is faithful. Keep praying as you call the police and congressman, etc. He will guide you. Follow these ladies' wonderful advise, and add prayer. Get some people praying at your local church, too.
Peace,
L.
I don't have any advice per say because I have never been through something like this but if I did I would be freaking out right about now. I just wanted to say you and your son are in my prayers but the advice of staying calm throughout all of this is your best bet. Otherwise people won't help you-no one ever wants to help out an irate person or someone who is hard to deal with but if you have your head on your shoulders and are nice to them then you will get alot farther than the other person standing there waving their arms. Ever heard the saying you can catch more flies with honey rather than vinegar?
I did not like the advice from someone else on here about contacting his boss????!!!! What the heck is his boss going to do? You are just sreading his dirty laundry and yours around the office and yes might make him angry or mad or embarrassed but it's not going to accomplish anything in my opinion. It's up to you if you want to involve the boss but I don't see any point. Working as a Receptionist for most of my life I always hated the ex-wife calls.....they never ever turned out well and I was always placed into the middle of things which honestly isn't fair or appropriate by any means. Also you can get into some trouble calling his job because all he would have to do is contact his lawyer and say you are harrassing him at work-I don't think that was good advice but maybe I am wrong?? Who knows I just feel so bad for you right now. I would be so lost, this is my biggest fear.....losing my children. Although I am still married but you just never know what people will do -especially when they become your ex. I am sending hugs, prayers, and good wishes your way. I hope your son comes home soon and please please please will you update us?? Otherwise I'm just going to wonder what happened..........
my prayers are with you, please keep us updaetd.....
When is your son due back?
Blessings....
