HELP!!

[Mr. Big Dog 10,747]

Get in touch with the US Embassy in Brasil then - get advice and get it quickly.

I agree.

Good Luck!

[diadromous mermaid 36]

I don't believe the child has been abducted if the child was born in that country. It could be a case of a parent deciding to change her mind about immigrating.

Well, it seems that they came to Brasil from the US according to this:

Its a very bad situation, she had planned not to come back to the states with our son after looking at all the personal items she had packed in her suitcase.

We don't know yet. The OP has not offered enough information, but I am curious. Did you guess that this is the case upon the one word "back"?

That and the suitcase kind of gave it away for me. Where there's no travel, there's no suitcase. Apparently she ain't packing a suitcase to travel back to the US so he must refer to the suitcase she packed when first travelling to Brasil.

I am sorry I have not made my self clear. We traveled to Brasil January 12, 2006 and have return tickets for March 12, Although she has informed me that she and our son will not be returning to the states and will be living with her family. Our son was born in Brasil, his birth was recorded at the state dept and holds American citizenship. He is 2.5 years old and has lived 2 years in the states, making his habitual residence in Ohio. After looking at his mothers suitcase this was a pre-planed oneway trip.

Ah, yes, well that is a different case. Thanks for clarifying. You can petition for the child to be returned to the US under the Hague Convention.

See below:

http://travel.state.gov/family/abduction/abduction_580.html

[Cristy 4]

Why is everyone assuming this man should keep the child and not his mother? Maybe there are other issues that he is not posting about.

[diadromous mermaid 36]

Why is everyone assuming this man should keep the child and not his mother? Maybe there are other issues that he is not posting about.

Who has custody of a child is a matter for the courts to decide in the case of a couple that are going separate ways. One simply can't just decide to abscond with an infant. Since they were residents in the USA, I would imagine that US courts have jurisdiction, which is why member countries of the Hague Convention will co-operate with each other to make certain that parental rights in that process are preserved.

Edited February 7, 2006 by diadromous mermaid

[Jaylen Brit 0]

Why is everyone assuming this man should keep the child and not his mother? Maybe there are other issues that he is not posting about.

Who has custody of a child is a matter for the courts to decide in the case of a couple that are going separate ways. One simply can't just decide to abscond with an infant. Since they were residents in the USA, I would imagine that US courts have jurisdiction, which is why member countries of the Hague Convention will co-operate with each other to make certain that parental rights in that process are preserved.

Agreed. If its the same as in the UK then the child's country of residence dictates which court systems have juristiction over the child, and it can be made a 'ward of court' (that is, under the court's protection) to decide the future domicile. IF a child is made a ward of court then it is illegal to remove that child FROM the court's juristiction and is punishable by a possible prison sentence as it amounts to kidnapping - regardless if the 'kidnapper' is a parent of guardian of that child.

In the UK it is possible to start this process by appying to a (UK) court to have the child MADE a ward until the legalities are settled bewteen the parents and I would suggest that williamc seeks legal help with all due speed in case the mother decides to 'disappear'.

(edit: I mention the UK process only as I am unfamiliar with child laws in the USA but am assuming they share some common ground)

Edited February 8, 2006 by Jaylen Brit

[ktun 0]

I would see a lawyer ASAP and speak to someone at the American Embassy in Brazil. There are American laws protecting the rights of a father, especially as the child is a U.S. Citizen. My husband's ex wife is not allowed to even move out of the state with his daughter without his express permission, let alone take her out of the country. Just because you are the father does not mean you have less rights than the mother. My understanding is that unless there is an abusive situation or something similar, one parent does not have the right to deny the other access.