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-   -   Custodial parent sent child to live in foreign country with grandparents (https://www.askmehelpdesk.com/showthread.php?t=429712)

  • Dec 30, 2009, 01:12 PM
    michele_s
    Custodial parent sent child to live in foreign country with grandparents
    What is the non-custodial parent's obligation when the custodial parent sends the child to live with grandparents in another country without notifying non-custodial parent/court/DCSE, etc. prior?
  • Dec 30, 2009, 01:24 PM
    cdad

    What country are you in because that is going to determine what answer you get. It could be considered kidnapping. Do you have and custody of the child now ?
  • Dec 30, 2009, 01:45 PM
    ScottGem

    Your "obligation" may not change. If you were required to make support payments that probably will not change.

    However, if there was a visitation schedule set by the court, and her sending the kids prevents you from exercising that visitation, then she can be held in contempt of court. She may also be charged with parental kidnapping.

    As califdad said, where you live may have a bearing on this.
  • Dec 30, 2009, 02:11 PM
    cdad
    Quote:

    Originally Posted by ScottGem View Post
    Your "obligation" may not change. If you were required to make support payments that probably will not change.

    However, if there was a visitation schedule set by the court, and her sending the kids prevents you from exercising that visitation, then she can be held in contempt of court. she may also be charged with parental kidnapping.

    As califdad said, where you live may have a bearing on this.

    The obligation would change because this would represent a dramatic change as the mother would now be responsible for paying child support also if the chil/children are in the custody of the grandparents and not the mother. She shouldn't receive a dime but the grandparents should to aid in raising the child.
  • Dec 30, 2009, 02:23 PM
    michele_s

    Both the custodial and non-custodial parents live in Virginia (US). The grandparents live in Peru, which is where the custodial parent (mother) is from. The custodial parent also has full custody, although she is required to allow visitation.
  • Dec 30, 2009, 03:06 PM
    ScottGem

    If she is required to allow visitation then you go back to the court that issued the order and ask that she be helo0d in contempt of that court order until she brings the children back so the NCP can reasonably visit with his children.

    I would suggest that the NCP hire an attorney, especially if you are the NCP, since you don't seem to have some basic grasp of Family Law.

    The only way a CP would have "full custody" is if the NCP was not in the picture. What I suspect is that she has primary physical custody and joint legal custody. Which is the usual situation where the NCP has visitation. The exact terms of the visitation needs to be understood.

    But the bottomline is, if the court ordered visitation for the father and the mother removed the children from the area so that visitation could not be exercised and without the permission of the NCP or the court, then she is in contempt of the court order and can be held accountable.
  • Dec 30, 2009, 03:09 PM
    ScottGem
    Quote:

    Originally Posted by califdadof3 View Post
    The obligation would change because this would represent a dramatic change as the mother would now be responsible for paying child support also if the chil/children are in the custody of the grandparents and not the mother. She shouldnt recieve a dime but the grandparents should to aid in raising the child.

    I don't disagree, but the NCP wouls still be obligated to pay support, it may just change where the support is paid to.
  • Dec 30, 2009, 03:15 PM
    cdad
    Quote:

    Originally Posted by ScottGem View Post
    I don't disagree, but the NCP wouls still be obligated to pay support, it may just change where the support is paid to.

    The other fly in the ointment is how did she get the child out of the country without his permission. Your supposed to have documentation in order to do that unless she snuck him out in some way.

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