URGENT!!!!! US court ordered me to sign for my daughters' visas... IS THIS LEGAL?????

[007 0]

My x husband, India native, naturalized US citizen has been granted permission by my county court to take our 6 and 7 year old daughter to India for vacation without my consent. I am afraid that he will not return with our children because he will be losing his job at the end of October and his parents are very rich in India, leaving majority of the land property and money to our daughters.

My counties court has ordered me to sign for my daughters' passports and visas and I was wondering if US courts have the authority to force me to sign a foreign document (passport application). I know that the court could have ordered the Dept. of State to issue the passports for my children without my signature, but my county does not want to be held responsible if my children are abducted, so they have ordered me to sign for everything.

I feel like my rights as a parent has been taken away from me. I can't afford a lawyer, so I am just trying to find someone who can answer my questions. So can the US courts order me to sign a foreign document?

[Ontarkie 14,226]

I really don't think you can afford not getting a lawyer. I hope someone will have some better information for you, but I would not sign anything till you speak to an attorney.

[ScottThuy 140]

My x husband, India native, naturalized US citizen has been granted permission by my county court to take our 6 and 7 year old daughter to India for vacation without my consent. I am afraid that he will not return with our children because he will be losing his job at the end of October and his parents are very rich in India, leaving majority of the land property and money to our daughters.

My counties court has ordered me to sign for my daughters' passports and visas and I was wondering if US courts have the authority to force me to sign a foreign document (passport application). I know that the court could have ordered the Dept. of State to issue the passports for my children without my signature, but my county does not want to be held responsible if my children are abducted, so they have ordered me to sign for everything.

I feel like my rights as a parent has been taken away from me. I can't afford a lawyer, so I am just trying to find someone who can answer my questions. So can the US courts order me to sign a foreign document?

All the state department needs is the court order and they will issue him the passports.. My ex refused to allow my son to go with me abroad on holiday (wouldnt sign for him).. the court decided it was in his interests to join me and become more worldly.. the order was all that was needed to get his passport without her signature... BTW she failed to show up for the hearing regarding the issue...

[Used to be broken 147]

My x husband, India native, naturalized US citizen has been granted permission by my county court to take our 6 and 7 year old daughter to India for vacation without my consent. I am afraid that he will not return with our children because he will be losing his job at the end of October and his parents are very rich in India, leaving majority of the land property and money to our daughters.

My counties court has ordered me to sign for my daughters' passports and visas and I was wondering if US courts have the authority to force me to sign a foreign document (passport application). I know that the court could have ordered the Dept. of State to issue the passports for my children without my signature, but my county does not want to be held responsible if my children are abducted, so they have ordered me to sign for everything.

I feel like my rights as a parent has been taken away from me. I can't afford a lawyer, so I am just trying to find someone who can answer my questions. So can the US courts order me to sign a foreign document?

Call the Department of State Ombudsman and ask who you should talk to about this if you cannot afford an attorney. Your post is confusing to me. I have never heard of anything like this, the State Department issued the requirement for both parents signatures specifically to reduce and deter parents from taking kids out of the country without both parents consent.

Are you a US citizen?

Both parents have to sign the passport paperwork, when you say "the county ordered you" do you mean your ex-hubby went to court and filed some legal motion compelling you to get your children passports? Sounds very odd. Go to the county clerks office, ask how you can file an appeal to the motion and that will give you time to figure out what is going on, don't sign the passport applications if you think your husband is going to leave with the kids and not return them to you.

Who has legal custody of the kids?

Edited October 7, 2010 by brokenfamily

[007 0]

I am a US born citizen and he was born in India... He filed a motion to have our visitation order changed so that he can take the girls to India without my consent. We had a 2+ hour hearing where I presented endless information showing the court that he had all the red flags of planning an abduction: Loss of job end of October, overseas citizen of India card allowing him to live in India permanently while staying a US citizen, no significant ties to the US, no family in the United States, overseas bank account, owns 3 houses and land in India (all being left to our 2 daughters). Also India is not a signatory of the Hague Convention, which means if they are abducted, the chances of getting them back is slim.

The judge stated that there was a slight risk of abduction but denied my request for my children's father to post the deed of his home as a bond to aid in recovery efforts if he did not return by the date specified by the court.

I have already signed for the passports because it was ordered by the judge and if I didn't comply I would be held in contempt. What I am trying to figure out is if my county judge can force/order me to sign a visa application which is a foreign document not regulated my the US government. Department of State said that US has no jurisdiction when it comes to Visa forms, so how can a county judge force me to sign a document the US has no jurisdiction over?

[ScottThuy 140]

I suspect they can force you to sign the visa paperwork as it is related to the children and parental custody/visitation... its not much different than the fact that they forced you to sign the other docs...

[Boiler 45,525]

You are in their jurisdiction.

If it was an Indian Court order you could ignore it.

[Anh map 2,098]

You need a competent attorney, not well meaning VJ members.

There are charities that can help as well as attorneys that will do pro bono work.

[Brother Hesekiel 2,236]

You are a US citizen. Your husband is a US citizen. Your children are US citizens.

I understand that your husband was born in India and has family in India, but since India does not allow dual citizenship, he's entering as a tourist and as such he can't really do much there, can he?

If your husband does not return with your children, the US Embassy will break all hell lose because of child abduction and free the children while your husband will be thrown into the tiger cage.

If you go on cruise, it's okay to check out where the life vests are located. But running around with a life vest before the trip even started, just in case the cruise ship sinks, is a bit . . . . crazy.

[007 0]

You are a US citizen. Your husband is a US citizen. Your children are US citizens.

I understand that your husband was born in India and has family in India, but since India does not allow dual citizenship, he's entering as a tourist and as such he can't really do much there, can he?

If your husband does not return with your children, the US Embassy will break all hell lose because of child abduction and free the children while your husband will be thrown into the tiger cage.

If you go on cruise, it's okay to check out where the life vests are located. But running around with a life vest before the trip even started, just in case the cruise ship sinks, is a bit . . . . crazy.

He has a type of dual citizenship called an Oci card. He can live indefinitely in India with it, does not have to check in with police or embassy... And getting your kids back from there is not cut dry. They are not a member of the Hague convention so international laws don't apply... Look up India and international child abduction on the dept of state site and you'll read the warning they give. On the average it costs $250,000 and takes about 3 years... Butvi want to prevent it... Even the judge said there was a risk. So yes a life jacket is necessary. I'm in a bad storm and the ship could capsize at any moment.... Bur I'd be crazy if I didn't trybto protect them.

[desert_fox 32]

See a lawyer...Have him put up a million dollar bond.

I doubt the judge ordered to sign anything. Is the US Marshall going to hold a gun to your head??..They just order something done.

See a lawyer...A us Judge has no jurisdiction 9n family law...its a state issue.

Something is not right here.

[desert_fox 32]

Disregard above...county court...somehow I got the idea pf a us federal district court/

[007 0]

Sign or jail... They my as well hold a gun to my head. And yes it was ordered... I am to sign all documents or be held in contempt. I asked the court to take the deed to his house as bond... Court did not grant my request. It should be a fed issue but it looks like a county judge has authority over the dept of state.

[Boiler 45,525]

Then appeal

[Krikit 1,164]

Honestly..... I totally agree with Anh Map. Please please PLEASE do not take the advice of members of this forum. They are not lawyers and are mainly only familiar with visas to come to the US. YOU MUST GET A FAMILY LAWYER!!!

Moving from Tourist Visas forum to General Immigration Discussion.

Good luck, 007. I sincerely hope your children remain safe and are brought back to you.