Parental Abduction of a non-us child

N

Nekbat

New member
Aug 11, 2011
6
0
0
Hello all!

I'm Canadian living in the DR. I have a young boy whose mother just got an American boyfriend and decided to go to the US with my boy by paying off a judge to get permission as I would not grant her this. My question is this: I can get legal custody of my boy in Canada (he is Canadian by right) and get him a Canadian passport and then go to the US and grab him. What would the American authorities do? Stop me? Or step back as my boy is not American nor is the mother. Then I plan to drive to Canada where the only customs I will see are mine and they will welcome us as Canadian citizens. Mother has custody in DR. Any cases like that come to mind?
 
B

Bigocean

New member
Nov 25, 2010
255
2
0
There is a lot not said in this post. But, given that, what kind of passport does the child have? Since you seem not to have declared the child previously as Canadian and received a Canadian passport, he must have some form of passport that would allow him to travel. If it is a Dominican passport (is the mother dominican?), then the judge (a dominican judge?, what did he issue?) is really not the deciding factor of his travels.

A lot of the rest of your questions, vis a vis abduction from the USA to Canada, is outside of the scope of this forum. It is hard to make any sort of determination with what is noted here but if I assume that the mother is Dominican and she has no other nationality to offer the child, the child has never been declared as Canadian, then I don't see how the child can travel internationally at all, regardless of whatever judge's (once again assuming Dominican judge) decision.
 
P

puryear270

Bronze
Aug 26, 2009
935
82
0
DO NOT attempt to abduct your child and cross an international border, under any circumstances.
A Canadian passport for your child is not permission to break the law.
Once Canadian authorities are advised of the Amber Alert, you will be arrested at the border.

For the sake of your child and yourself, I beg you to pursue one of the many legal avenues before you.
Contact an attorney in the state where your child is now living to understand your rights.
 
Last edited:
C

CaptnGlenn

Silver
Mar 29, 2010
2,321
26
48
I'm not passing judgement one way or the other... but let me tell you this. As things stand in the U.S. in today's society there is a VERY great consciousness over child abduction. This includes parental abduction. It's in the media daily. If you were to try this, you would need to be within a few miles of the U.S./Canadian border, or you will likely be caught. They would post an "Amber Alert", whereby your description, the child's description, the description of your vehicle, etc. etc. would be distributed to all law enforcement agencies, AND broadcast nation wide immediately and frequently. This would include your likely destination. I don't know what the policies of the Canadian gov't agencies are, but it's likely when you tried to cross the border they might detain you as well. YOU WOULD GO TO JAIL.
 
Hillbilly

Hillbilly

Moderator
Jan 1, 2002
18,948
514
113
?t seems to me that a complaint should be filed with (a) Immigration because they did not have a letter of consent from the other parent ((b) with the local District Attorney (Fiscal?a) for abduction of a minor and (c) with the Canadian consulate to inform them of the case.

Then with your bases covered, you either await her return or you go find her in the States where you them present copies of your complaints filed here with the local authorities there and see if they will take a role in resolving this.

Parental abduction is a Class D felony in most places and that is long jail time, So forget about that.

Cordially,

HB
 
N

Nekbat

New member
Aug 11, 2011
6
0
0
More

My plan is to get legal custody of my boy in Canada then get his Canadian passport. Justice in DR is corrupt and mother-friendly. To win I was told I would need tons of money and a pitbull for a lawyer. The mother has a Cuban-American boyfriend that works for the state department earning big bucks and hungry to play daddy with my boy. So question is how will the police react? Parents and child are NOT American, father has custody in Canada, mother has custody in DR. Who is legal custodian in USA? Canadian authorities would not arrest me as I have legal custody of the boy in Canada. County of habitual residence would be DR not USA for the Hague pundits.
 
B

belmont

Bronze
Oct 9, 2009
1,536
10
0
As far as US authorities mother has done nothing illegal. She had legal custody of child in the DR. She legally travelled to the US. Just because you show up with Canadian custody, where neither the mother, child or you reside, what do you want the US to do? I understand that you are offended that the "Cuban-American boyfriend that works for the state department earning big bucks" has usurped your paternal stature. But, get over it. The mother developing a new relationship may very well benefit the child. Your interfering may only lead to loss of meaningful interaction with your child in the future. If you are so upset that they have moved out of the Dr to the US, why until this time have you not attempted to move them to Canada. The mother might want what is best for her child.
 
P

pedrochemical

Silver
Aug 22, 2008
3,410
465
0
So let's get this straight.
You left your wife and kid? Or do I have that wrong?

Once you leave a family you have little control over what happens in that family - quite rightly.

When you split up you left the kid as well as the mom.
Who can blame her for getting together with another man - I would probably do the same.
What do you want her to do - ask your permission?

Is she a fit parent? (Bearing in mind she feels comfortable bribing judges)
If yes, then what's the problem?
If no, then what the hell were you doing leaving your kid with her in the first place?

Bit late for all this now isn't it?

I hope your wife's new boyfriend is man enough to provide a father figure for your boy as you are apparently not.

Good luck to your ex-family in their new life.
I hope they are happy together - and maybe if you play your cards right they will be reasonable and give you access.
But someone should tell them that you intend to kidnap their boy - so they can contact the relevant authorioties and warn them about you.
 
N

Nekbat

New member
Aug 11, 2011
6
0
0
The mother is 22 and the Cuban 49. It's a relationship based on sex and money, no love here as the mother has cheated on her new love countless times and will not stop. She wants to become an actress, that sums up her cultural level and IQ. Not a family I want my boy to grow up in. I'd forget him in a flash were he in a decent home, you betcha but I cannot forget about a boy who will probably end up in jail or knock on my door talking like a reggaeton singer in 20 years. The mother just wants the as a cultural shield since he makes her a "mother" and not just a golddigger. I have no interaction with my child, the mother and the boyfriend have no interest in that, we are culturally 100% opposed. Mother just wants what's best for her. She knows the child would be better raised in Canada by an educated father of 36 that speaks 4 languages and is an example to follow. Anyways this doesn't tell me how to US authorities would react or my legal rights in the US compared to the mother's.
 
N

Nekbat

New member
Aug 11, 2011
6
0
0
I left her because she was unfaithful but we remained great friends until mr American Cuban Big Bucks appeared and the mother changed completely, became passive-aggressive, left the capital to live with her BF without telling me anything and finally decided to go to the US by bribing a judge to become "an actress". All I want is justice but that doesn't exist under the romantic laws of the DR where the mother is a sacro-saint figure taken out of the Bible. This is the 21st century and real decent moms are not that easy to find anymore. In Canada both of us would be tested by a psychologist and an objective and reasonable decision would be made based on reality, not on romantic laws from eons ago.
 
L

la_barbie

Bronze
May 6, 2004
1,292
39
0
41
belmont said:
As far as US authorities mother has done nothing illegal. She had legal custody of child in the DR. She legally travelled to the US. Just because you show up with Canadian custody, where neither the mother, child or you reside, what do you want the US to do? I understand that you are offended that the "Cuban-American boyfriend that works for the state department earning big bucks" has usurped your paternal stature. But, get over it. The mother developing a new relationship may very well benefit the child. Your interfering may only lead to loss of meaningful interaction with your child in the future. If you are so upset that they have moved out of the Dr to the US, why until this time have you not attempted to move them to Canada. The mother might want what is best for her child.
Click to expand...

I disagree to a point... personal situation between them why they didn't go to Canada hasn't been discussed... maybe the relationship broke off before they got to the point and he is living there to be with his son because the mother wouldn't come to Canada or send the kid to Canada ??? This needs to be clarified more...

In any case, if he is the father he has his rights as a father... so what if the boyfriend wants to play daddy, it's one thing if the child didn't have a father figure in his life but in this case he has his father that obviously wants to raise him.

If I were you I would get him the Canadian passport, even though you don't need a passport to travel to the DR I make sure to use my sons (also half Dominican/Canadian) passport every trip.
Contact a lawyer, if no one in DR will help you than go to Canada, go to the police, RCMP... worse comes to worse a Amber Alert might be issued (don't know how that works if the mother and child were never in Canada-maybe US version?)

Do you still have contact with the mother ? Know exactly where she is ?

Last thing I would do is go to USA and take the kid, when you come to Canada they will most likely ask you for a letter of permission from the mother to take him outside of USA - I have to provide one everytime I come back from the DR.

You need to expand on this situation to get any really good advise...
 
C

CaptnGlenn

Silver
Mar 29, 2010
2,321
26
48
I guess the other answers weren't blunt enough. If you abduct the child in the U.S. you will be committing a felony, you will be caught, you will go to jail. Your legal rights in the U.S. will be:

"You have the right to remain silent. Everything you say can and will be used against you in a court of law. You have the right to an attorney, if you can not afford one, an attorney will be appointed for you. Do you understand these rights as they have been read to you?"

Then you'll have the "right" to whatever interesting "adventures" you'll experience in prison. I'm sure it won't be pleasant.
 
N

Nekbat

New member
Aug 11, 2011
6
0
0
la_barbie said:
I disagree to a point... personal situation between them why they didn't go to Canada hasn't been discussed... maybe the relationship broke off before they got to the point and he is living there to be with his son because the mother wouldn't come to Canada or send the kid to Canada ??? This needs to be clarified more...

In any case, if he is the father he has his rights as a father... so what if the boyfriend wants to play daddy, it's one thing if the child didn't have a father figure in his life but in this case he has his father that obviously wants to raise him.

If I were you I would get him the Canadian passport, even though you don't need a passport to travel to the DR I make sure to use my sons (also half Dominican/Canadian) passport every trip.
Contact a lawyer, if no one in DR will help you than go to Canada, go to the police, RCMP... worse comes to worse a Amber Alert might be issued (don't know how that works if the mother and child were never in Canada-maybe US version?)

Do you still have contact with the mother ? Know exactly where she is ?

Last thing I would do is go to USA and take the kid, when you come to Canada they will most likely ask you for a letter of permission from the mother to take him outside of USA - I have to provide one everytime I come back from the DR.

You need to expand on this situation to get any really good advise...
Click to expand...

No need for permission by ground travel as you go straight to Canadian customs. I just need to know who has custody of my boy in the USA, the mother, myself or both and what is the legal support for this. I can find out where the mother is, she posts clues on her Facebook. For those here who compulsively sympathise with her, know that she has naked pix on the net and makes money with them. She's an artist after all! Whatever...
 
B

belmont

Bronze
Oct 9, 2009
1,536
10
0
Nekbat said:
. For those here who compulsively sympathise with her, know that she has naked pix on the net and makes money with them. She's an artist after all! Whatever...
Click to expand...
I think we need to confirm your story. A link please.
 
A

augustus

New member
Dec 19, 2007
363
53
0
Bigocean said:
There is a lot not said in this post. But, given that, what kind of passport does the child have? Since you seem not to have declared the child previously as Canadian and received a Canadian passport, he must have some form of passport that would allow him to travel. If it is a Dominican passport (is the mother dominican?), then the judge (a dominican judge?, what did he issue?) is really not the deciding factor of his travels.

A lot of the rest of your questions, vis a vis abduction from the USA to Canada, is outside of the scope of this forum. It is hard to make any sort of determination with what is noted here but if I assume that the mother is Dominican and she has no other nationality to offer the child, the child has never been declared as Canadian, then I don't see how the child can travel internationally at all, regardless of whatever judge's (once again assuming Dominican judge) decision.
Click to expand...

Are they in the US right now or just plans to go.........because if not, that plan of theirs could take years and right now you are just panicking ............

Under no circumstances, would I recommend abduction, because that could put the child's safety at risk, just the act and what that may include or lead up to..........
 
L

la_barbie

Bronze
May 6, 2004
1,292
39
0
41
Nekbat said:
No need for permission by ground travel as you go straight to Canadian customs.
Click to expand...

You are obviously either really stupid or ignorant... Canadian customs are the ones that ask for this when entering Canada... I drive over to NY often and every time have been asked for this.
 
P

puryear270

Bronze
Aug 26, 2009
935
82
0
Nekbat said:
No need for permission by ground travel as you go straight to Canadian customs. I just need to know who has custody of my boy in the USA, the mother, myself or both and what is the legal support for this. I can find out where the mother is, she posts clues on her Facebook. For those here who compulsively sympathise with her, know that she has naked pix on the net and makes money with them. She's an artist after all! Whatever...
Click to expand...

The mother has custody in the US. To get custody, you have to prove you are a better parent. You actually are at an advantage in that the US courts will have some jurisdiction in this matter.

But I do not understand why you are continuing to debate this on DR1 or disparage your ex-partner here if all you want is to get your son.

(And am I being too much of a DR1 junkie if I say that this sounds suspiciously like someone who has made up a screen name and is posting a false story on the board just to get $h!t stirred up?)
 
C

CaptnGlenn

Silver
Mar 29, 2010
2,321
26
48
US courts will honor the custody rights that were granted by the courts where the subjects reside. if the mother and child live in the D.R., and the courts there awarded her custody, the courts in the U.S. will honor that decision. If you take the kid, you WILL be arrested for kidnaping.

I don't know you, your son, or his mother, and I'm NOT taking sides with her. In fact I couldn't give a rat's patootie WHO has the poor kid; I'm just stating the facts as they are. You seem to not want to hear what you've been told... so go ahead, grab the kid. I'll send you a nice cake with a file in it.
 
You must log in or register to reply here.
Top Bottom