Convenio de La Haya

[tennnis123 14]

Hi guys I hope to find some abswers about this topic here. My friend was going through a separation and waiting for a divorce in Mexico, her hometown. During this process she came to the US for vacation with her daughter, it was supposed to be a short stay but she met her now fiancé and the 3 of them live very happy, they are about to start her AOS process next month. This week she received a letter from Homeland Security that her ex husband and father of her daughter had applied for a Convenio de La Haya which I think it is an appeal to take the kid back to Mexico. My friend decided to stay in the US because her daughter is a US Citizen and she is now enrolled in a school a loves it and she is also going to fix her own status soon since her fiancé is a UScitizen. My friend didn’t have a job in Mexico and her ex husband didn’t provide for her or for their daughter that’s why she also decided to stay, since she already has a job here. My question is, can they really take her daughter back to Mexico even if he cannot provide for her? Has anybody experienced the same situation? 

[Boiler 45,560]

Of course they can, international child abduction. is a serious issue.

[Unlockable 7,314]

26 minutes ago, tennnis123 said:

Hi guys I hope to find some abswers about this topic here. My friend was going through a separation and waiting for a divorce in Mexico, her hometown. During this process she came to the US for vacation with her daughter, it was supposed to be a short stay but she met her now fiancé and the 3 of them live very happy, they are about to start her AOS process next month. This week she received a letter from Homeland Security that her ex husband and father of her daughter had applied for a Convenio de La Haya which I think it is an appeal to take the kid back to Mexico. My friend decided to stay in the US because her daughter is a US Citizen and she is now enrolled in a school a loves it and she is also going to fix her own status soon since her fiancé is a UScitizen. My friend didn’t have a job in Mexico and her ex husband didn’t provide for her or for their daughter that’s why she also decided to stay, since she already has a job here. My question is, can they really take her daughter back to Mexico even if he cannot provide for her? Has anybody experienced the same situation? 

To answer you question in bold, yes they absolutely can. It depends on a lot of things but is abduction without authorization is found, the mother could be charged. And it looks like he is doing so the proper way by filing. And as you just admitted about your friends circumstances had changed when she came to the US, the father of their daughter circumstances may have changed also. Just because he could't provide for her before doesn't mean he can't now or in the future.

 

The daughter being a US citizen helps. But that doesn't mean the mother can simply ignore any legal claims by the father. One thing you did not mention was the age of the child.

 

Just be sure your friend understands that she does not have 100% ownership of her daughter. Her father has a right to be in his daughter's life.

Edited May 14, 2019 by Unlockable

[USS_Voyager 1,972]

33 minutes ago, tennnis123 said:

During this process she came to the US for vacation with her daughter

Did she ask the father if the daughter could come with her to the US? Most countries, and I assume Mexico does too but don't know for sure, have laws that both parents have to authorize international travel for minor children. So if she has a text or email from the father that he acknowledged the travel for the daughter, that may save her from the international child abduction charge. 

 

Aside from that, she cannot singlehandedly decides "my daughter is better off with me in the US". That's not how it works. The daughter is BOTH of them. The matter of custody has to be resolved by the court.

[tennnis123 14]

Thank you so much for all of your responses. When they decided to travel to the US he had left their house and didn't answer my friends calls, we think that he already had another person in his life and he just wanted to ignore my friend and her daughter. I think he was notified via text that they wanted to come to the US for vacation but he never replied or anything. The girl is 12yo and he calls her now and then to her cellphone but he doesn't want to communicate with the mother. She is going with a lawyer today so hopefully they can come to an agreement.

 

Edited May 14, 2019 by tennnis123
Missing information

[Mollie09 1,543]

1 hour ago, tennnis123 said:

Thank you so much for all of your responses. When they decided to travel to the US he had left their house and didn't answer my friends calls, we think that he already had another person in his life and he just wanted to ignore my friend and her daughter. I think he was notified via text that they wanted to come to the US for vacation but he never replied or anything. The girl is 12yo and he calls her now and then to her cellphone but he doesn't want to communicate with the mother. She is going with a lawyer today so hopefully they can come to an agreement.

 

He didn't answer calls for a few days so she took their daughter to another country? That's... not how it works at all. His parental rights aren't forfeit because he didn't answer calls and texts.

[Boiler 45,560]

14 minutes ago, Mollie09 said:

He didn't answer calls for a few days so she took their daughter to another country? That's... not how it works at all. His parental rights aren't forfeit because he didn't answer calls and texts.

Wonder what she would think if he did the same?

[tennnis123 14]

19 minutes ago, Mollie09 said:

He didn't answer calls for a few days so she took their daughter to another country? That's... not how it works at all. His parental rights aren't forfeit because he didn't answer calls and texts. 

@Mollie09 and @Boiler it wasnt a few days it was more like 4 months with no communication with no response from the father he was also not sending the child support. She heard he had moved states. She didnt bring the kid to stay, they came for vacation with some relatives of them and then decided to stay since she got offered a job and she didn't know about the whereabouts of the father until a few months after they settled in the US that he reached out.

 

4 minutes ago, Boiler said:

Wonder what she would think if he did the same?

@Boiler this forum is to help each other not to be all judgemental and btw you didnt provide any good insights.

Edited May 14, 2019 by tennnis123

[Boiler 45,560]

She is working, I missed that.

 

On what basis? I thought she was visiting?

Edited May 14, 2019 by Boiler

[Mollie09 1,543]

9 minutes ago, tennnis123 said:

@Mollie09 and @Boiler it wasnt a few days it was more like 4 months with no communication with no response from the father he was also not sending the child support. She heard he had moved states. She didnt bring the kid to stay, they came for vacation with some relatives of them and then decided to stay since she got offered a job and she didn't know about the whereabouts of the father until a few months after they settled in the US that he reached out.

None of this matters, he still has parental rights and taking the child out of the country without his consent is parental kidnapping. She should not have done this, he's well within his rights to invoke his rights to the child, including having the kid brought back to Mexico.

[Just Paul 4,595]

11 minutes ago, tennnis123 said:

she got offered a job

Hope she isn't working on a B Visa or without authorization.  DHS already is looking at her.

[tennnis123 14]

11 minutes ago, Mollie09 said:

None of this matters, he still has parental rights and taking the child out of the country without his consent is parental kidnapping. She should not have done this, he's well within his rights to invoke his rights to the child, including having the kid brought back to Mexico.

Thanks! She went to a lawyer this morning which will respond about her reasons to DHS I guess they will take it from there

 

8 minutes ago, Paul & Mary said:

Hope she isn't working on a B Visa or without authorization.  DHS already is looking at her.

She is aware that she is not allowed to work until she gets her EAD but she was already offered one by a friend so when she gets the EAD she can start working.

Edited May 14, 2019 by tennnis123

[TBoneTX 45,329]

Everyone:  Please stick to the OP's issue, without ancillary commentary.

[carmel34 3,635]

Advise your friend to go back to Mexico and resolve the divorce and custody issues.  She took her child out of the country without the father's permission, this is a violation of international law and is serious.  If she stays in the US and tries to fight this she could end up placing any future legal status in the US at risk, as the international abduction charge against her will proceed and be on her police record in Mexico and will show up in future background checks on her.  The child abduction charge or conviction could be considered a CIMT and be a serious problem for future immigration applications like AOS. ROC, and naturalization.  She will also need to show that her marriage in Mexico was legally dissolved via divorce before she marries her fiancé in the US.  In the meantime she has no legal status after the I-94 expires and is deportable.

[VNN 147]

I assume the chance that she can get her AOS approved will be slim as according to the provided info: she is, in fact, still being married to her child’s father as the divorce has not been legalized.  If she had already get married in US, could it be a misrepresentation of her marriage status to local office where she registered? 

 

Now DHS is after her and with her (still) husband ‘s legal claim, having her status adjusted seems a very very difficult task.