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Results 1 to 5 of 5

Thread: Need some help here...

  1. #1
    I have a cousin who is a British citizen, with a valid green card in the USA.
    She is married to a man from Ireland who is not a legal US resident.
    They have 4 children together ranging in ages from 8 - 1
    In November 2005 they went to Ireland for 6 months to a year, my cousin returned several times for the purpose of her green card (so that she didn't loose it, she wasn't sure of the time allowed out of the country).
    At this point, she and the children would like to come home permanently to the USA, however, her husband, will not allow her to leave with the children. She is due to fly out this coming Saturday, however, has been told by him that if she tries, the children will be removed from her at customs and that she will be arrested. I am trying to find out if there is any validity to this, and if she has any rights as the mother of these 4 little boys, who are American Citizens? This is their home, they only went to Ireland on a trial basis with the understanding (or so she was lead to believe) that if it didn't work out, they would return. Please resond as soon as possible, if you are unable to give me an answer, please let me know that so I may seek other options.
    Thank you.

  2. #2
    I have a cousin who is a British citizen, with a valid green card in the USA.
    She is married to a man from Ireland who is not a legal US resident.
    They have 4 children together ranging in ages from 8 - 1
    In November 2005 they went to Ireland for 6 months to a year, my cousin returned several times for the purpose of her green card (so that she didn't loose it, she wasn't sure of the time allowed out of the country).
    At this point, she and the children would like to come home permanently to the USA, however, her husband, will not allow her to leave with the children. She is due to fly out this coming Saturday, however, has been told by him that if she tries, the children will be removed from her at customs and that she will be arrested. I am trying to find out if there is any validity to this, and if she has any rights as the mother of these 4 little boys, who are American Citizens? This is their home, they only went to Ireland on a trial basis with the understanding (or so she was lead to believe) that if it didn't work out, they would return. Please resond as soon as possible, if you are unable to give me an answer, please let me know that so I may seek other options.
    Thank you.

  3. #3
    Well, I do not know - but they are married, right?
    I do not see any reason why the kind cannot go for a trip with one parent. Well, if this was for a long time or rather if she would mean to kidnap them, than the Haague convention on kids rights (private rights enforcement) would apply ... this convection said that 'the kind must be returned to the country of common residence' (which is probably US if I understand it right). So Ireland authorities would take the kids from mother and return them home based on father's motion, yes, but after some time sure not immediately at the airport.
    But she has no intention to kidnap kids, does she? I'm not sure with this now but I think even a suspicion is not enough she must commit a crime first (e.g. kidnap them).
    But it does not matter - a husband cannot order his wife not to take kids for a trip; he needs a court order (in case they are divorcing) but still...
    I might be mistaken but if this 'arrest' was real, the kids who were kidnapped within many past years to the 3rd. world countries by one parent (many of those countries did not sign the treaty) would be still happily and soundly playing home ....
    さん,がんばれ!

  4. #4
    Thank you for your response.
    No, not kidnapping at all, she has been very honest with him that her intentions are to leave on Saturday with or without him. He is telling her that as the father, he has the right to tell her she cannot leave, and without his permission, she will not get out of the country of Ireland. She is a legal US resident, and the children are all American Citizens, so we are thinking it is her right as a mother to bring them here if she wants to.

  5. #5
    Wow, sorry, I probably misunderstood here!!!!
    I missed the he is 'not' US citizen so ... I am very sorry, maybe I just need glasses or so.

    THIS CHANGES EVERYTHING!!! And very important thing is what their mutual future as a couple is going to be!!! Did I understand it right she means to live in the USA permanently - with or without him?
    But yes, basic answer is yes - she does not need his approval to go to USA but on the other hand - if he files for divorce and points out his kids ware taken to a country he has no access to see them and against his will, this might change the future events.
    Very important thing is where is the "current residence" of the kids more - if in Ireland or in the USA. If it is Ireland, in case he files for divorce he might apply for Haague convection and the kids might be deported back to Ireland where their 'current residence' until the court decides. Well, the USA tends to protect his citizens but still, there might be this chance. And the divorce usually takes place at the country of the last common residence of the couple.
    The best think might be that they two agree on some custody, these kids are his too so he should have equal rights, see?
    She can sponsor him at certain point (better after she becomes a US citizen) and they may reunite the family.
    But she if she did not mean to live in Ireland permanently, why they did not solve this matter earlier - like trying to establish him in the USA too or so? It seems to me that he just hoped that at the same point she would get used to the life in Ireland and forget about her tights with the USA.
    However - again sorry for this, my initial post was my mistake; I usually do not do this - I highly recommend consulting a lawyer before she leaves!!! She might gain a court verdict granting her preliminary custody of the kids and permission of the court to leave the country.
    Sure, nobody is going to put her in jail and she will be allowed to travel to US but at the same time this might worsen the situation for her in the eyes of the court, they can actually blame her for kidnapping, even if she did not mean to do so.
    If she takes care of this matter before she leaves (I know, there is not much time now) she might apply also like "he is trying to keep me in Ireland by some trick or so, etc."
    Good luck!
    さん,がんばれ!

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