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Short Notice International Relocation Order

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  • 03-15-2013, 06:15 PM
    Burke
    Re: Short Notice International Relocation Order
    I'm not directly involved in the case so it is entirely possible that I'm mistaken on that detail. To my eyes, the real issue appears to be the fact that the Judge issued his order at the end of the day Friday to be executed by the end of the day Sunday, thus disallowing any chance of appeal.

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    This is not a state case. I am not a lawyer, but my understanding is this. This is a Federal Judge, making a determination under the conventions of the International Court whether custody hearings should be held in the United States or Australia and in whose custody the children should remain during the the hearings.
  • 03-15-2013, 06:20 PM
    FatherWhoWon
    Re: Short Notice International Relocation Order
    Mom may still be able to appeal and should discuss with her attorney (or hire another if she isn't satisfied with the current one). The timing of the new order beginning before the chance to file the appeal really doesn't matter because, at least in most cases, judges would not grant any kind of "stay" until after the appeal was heard. The children would be with dad regardless by the time any appeals could be heard.

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    International issues are bordering on beyond the scope of this board, although some members have some knowledge of them. I'm not going to claim to be one of them, just so that's clear.

    In any case, mom's best bet is to have a good attorney who has experience in international cases. She may need to find a different one. She may also want to consider having two - one in the US and one in Australia.
  • 03-15-2013, 06:22 PM
    Burke
    Re: Short Notice International Relocation Order
    I believe that once the children are outside the United States the matter then either goes to the Australian courts or the international court in the Hague. I have just learned that the mother's lawyer filed some sort of emergency appeal that may or may not be heard before the kids leave.

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    I know the mother's lawyer has dealt with the father's lawyers in the past and has even filed a malpractice suit against them and won.
  • 03-15-2013, 06:24 PM
    Dogmatique
    Re: Short Notice International Relocation Order
    With all due respect, Burke - I think you're overinvolved here and you don't have the actual facts.

    Have Mom sign up if she has questions. Thanks!
  • 03-15-2013, 06:52 PM
    Burke
    Re: Short Notice International Relocation Order
    This is my family who I live across the street from and spend time with every day. I am aware of all of the actual facts, what I don't understand and want to learn about are the legal ramifications.

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    I apologize, I got emotional and your probably right. Anyway, there's nothing I can do. Thank you all for your replies.
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