PLEASE HELP!

[silverbear 0]

My Filipino wife is threating to take my newborn son who was born in the USA back to the Philippines permanently. Can she do this or does she need my consent? Please help. Our marriage is not doing well. There has been no obuse of any kind to her. I think she just does't love me anymore.

[apple21 953]

Does the child have a US passport already?

[Villanelle 4,122]

1. Does your son have a passport?

Children under 16 need BOTH parents to appear in order to have a passport issued. If only one parent appears they need certain things to obtain one. Court papers granting sole legal custody. court order allowing travel, death certificate for other parent. OR a sworn notarized form stating you allow the passport to be issued.

If he does have a passport you can enroll in the CPIAP snippets from the site- "enroll their U.S. citizen children under the age of 18 in the Children’s Passport Issuance Alert Program (CPIAP)

It does not apply to foreign passports and the United States does not have exit controls. U.S law enforcement generally will not act to prevent a child from leaving the country unless there is a court order clearly prohibiting the removal of the child from the United States. If you are concerned about abduction, you should speak with your attorney about ways in which the court may assist in your prevention efforts.

If a passport application is submitted for a child who is registered in CPIAP, the Department alerts the parent or parents. This program provides parents advance warning of possible plans for international travel with the child."

So basically enrolling will block a US passport from being issued to the child and notify you if one is attempted.

http://travel.state.gov/content/childabduction/english/preventing/passport-issuance-alert-program.html

If your child has a foreign passport as stated there is not much they can do in physically preventing it from being used unless you have a court order (custody). Which would involve divorce.

Even then the passport wouldnt be 'flagged'. it would just be a case of if they are alerted at the airport while its being processed and made aware of the order they wouldnt let it through. As the webpage states they do not have exit controls in place nationwide to enforce court orders on foreign passports.

Perhaps if a court order is issued and federal kidnapping penalties are stressed it would discourage her attempts- however I know in some countries- like the one you have tagged- the politics are---- iffy. Highly unlikely that that gov would prosecute the mother and return the baby to the US father as the child is a citizen of their country as well and money talks in some places.

Another scenario to consider- if your marriage is not working out- thats fine. Does your wife understand she does not have to leave the US? there are provisions in the immigration laws for her to remain and keep her status as the marriage was in good faith. If you separate and share custody she may get some child support if the baby is primarily with her. In order to keep your child in the US, you may want to assist her transition and gladly pay child support and help her find acceptable housing and make it an amicable divorce.

[silverbear 0]

my son doesn't have a passport

[apple21 953]

my son doesn't have a passport

Then luck is on your side. The child is not going anywhere without a US passport and in order to get one, your consent is required.

[silverbear 0]

My wife doesn't want to stay in the USA. She only wants to return to the Philippines on a permanent basis.

[silverbear 0]

Thank you so much for the information. I love my son so much and don't want to lose him.

[NikLR 13,231]

~~moved to effects of major family changes from general immigration~~

She can't take the child on a plane without a passport. Even if he did have one and did take him, you could charge her with child abduction.

[silverbear 0]

Is that a felony crime?

[NikLR 13,231]

http://travel.state.gov/content/childabduction/english.html

Go there for more information.

[NikLR 13,231]

Also this may help you the most since you want to look into preventing your child from leaving. Keep in mind that it doesnt keep your wife from leaving. In reality coming to a mutual agreement is best for your son.

http://travel.state.gov/content/childabduction/english/preventing.html

[Pinkrlion 2,724]

File for custody. Contact a family court lawyer

[belinda63 3,041]

Could she get a Philippine passport for the child?

[Kintsukuroi 6]

I don't know what the laws are regarding issuance of a Filipino passport for your son but I can tell you that while I need consent from my ex to get my children US passport I do not need his consent to get them UK passports. Your best bet is to file for custody of your son if you fear she might take off with your son. If you can get it documented that your wife has threatened to take off with your son to the Philippines then you might be able to get supervised visitation if you get custody of your son.

[NikLR 13,231]

In the preventive measures it says all the things he can legally do to keep her from taking the child. I think one of those was contacting a foreign embassy to ask them not to issue a passport.