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Wrongful Retention in California, What Are My Options ,

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  • 05-19-2013, 10:57 AM
    Zita May
    Wrongful Retention in California, What Are My Options ,
    My question involves a child custody case from the State of: California and the United Kingdom

    I am trying to find a way to get help every way I can because I still want to avoid report child abduction and expose my son for more emotional trauma. He meant to spend one home school year for his father's pressure and me, trusting him, agreed. Now that the home schooling year is approaching its end he use every possible tactics to keep my child back, instead making me to relocate (then he said, I "can" keep my custody but first I "must" agree joint physical custody.

    I do not have my green card any more since after separation, he agreed us leaving the States back to Hungary, where the Court granted me sole physical custody with joint legal custody. We also prepared a parental agreement, which states my son shall spend most of his holidays in California with his dad, later possibly longer periods, subjected with prior negotiations. The last 4 years my son to the US twice a year so I also developed a trust towards my ex, in spite of my own bad experience with him, so I agreed this one home school year with his son. I took him to the airport and encouraged him to be a brave boy and it will be good for him to spend time with that not just the summer holidays, which is quite short in the UK. I WISH I HADN'T.

    First it looked so good that I was considering his suggestion to move back to the US so there will not be any more long flights and heartbreaking say good byes. However, since my son left and with him now, he became increasingly abusive and demanding coming up with always changing suggestions, plans and conditions of my "relocation". Even as of last week still tried to reason with him but the only chance he left me is to accept his "ten points" list which I am supposed to "agree" with even before I make sure I would get my residence status back!

    The latest that he keeps calling me a liar to my son, since I "promised" to relocate but all he can show emails where I was still talking about it thinking that would be the best for our child. His emails are full of threats, me loosing my child, changing his plans how to live my life over there, even before I signed anything about this so called relocation. His emails are inconsistent, there are at least 7 different plans. The stress took my mind and body over, because my attempts to negotiate with him failed. He does not stop pressuring me though: just this month he is approaching the number of 300 emails. I am on sick leave now because the constant stress.

    I will be there at the end of term of current home school year (4th of June) and I wish to give it one more chance before I would go through the Ministry of Justice Child Abduction Unit. I want peace. He doesn't even want me to go there if I don't sign his points, not even to negotiate. Not even to see my son.

    He told me I have no rights under CA law because we married, divorced and got my order in Hungary (he is an American citizen we just decided to get married in Hungary back then, so why the divorce was taken place there.. Since now he had threatened me with coming against me with his attorney (if he has one, might be just a threat) I believe I should make sure that what he says indeed true, or just intimidation. But I believe it is true, because he said, soon some documents will be served for me to my address here, in Cardiff, UK.

    He is trying to convince me that I don’t hold a chance against him just because I am not a a citizen. I don’t believe that such behavior is acceptable under any country’s jurisdiction especially against a mother who never held his son back, rather encouraged their regular contact in spite of his abusive past. I STILL have sole physical custody over Michael May in a country of the members of the Hague Convention and I never signed any agreement about mine or my child’s relocation. He only can prove I agreed in home home school year. I signed for that.

    I have just become financially independent from him, I do not have much money which he uses against me as well. Last time he was holding a bunch of money in front of the Skype while I was talking to my son to show up. Other times he was showing a riffle to me while we were on Skype with my son. Frankly, I am scared of him to go there even just to talk about my son. He is showing he is in power, because he is a citizen, I am not, my son now believes I lied to him because that is what he hears every day from his dad. Please, can I get any help? Any way? Is it true that because he has the citizenship, my son and the power, I don't hold a chance? CAN it be true?

    Please excuse me for the long threat. I've been feeling so guilty for I let my son go...:wallbang:
  • 05-19-2013, 06:33 PM
    Mr. Knowitall
    Re: Wrongful Retention in California, What Are My Options ,
    If you want to litigate in the U.K. or in Hungary, consult a lawyer in the nation in which that litigation would occur.

    If you want to try to enforce a foreign order in California, I suggest retaining a lawyer in California to review the order you want enforced and to advise you about appropriate steps to take.
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