Page 1 of 3 1 2 3 LastLast
Results 1 to 10 of 22
  1. #1
    Join Date
    Aug 2011
    Posts
    15

    Unhappy Ex-Husband Moved Out of Country Without Informing Me


    My question involves a child custody case from the State of: arizona

    i had this posted a while ago but didnt get any replys...

    my ex husband moved my son out of the country going on 3 years now, they are in korea, and he still has not told me where he is residing nor has he given me a phone number etc. all i got is a apo adress.when i let him know this all he said was due to me living in another state at the time of him moving he never had to inform me on anything regarding him moving my son out of the country.
    he also has every time i asked him since i last seen my son in 08, found another reason as to why i can not see him, he also ran a backround check on me, keeps threatening me, knows that i am unemployed, but still lied to the court about me being employed so now i am forced to every month get added $500 to my child support debt due to not being able to find a job. he has not told me how tall my son is, if he is sick etc, how he is doing in schoon and so on... he said he does not have to and only allows sporadic phone contact via skype because the court told him so, but no webcam allowed, i also only got about 8 photos since 08.
    he forbids me sending my child anything aside from his birthday or christmas, lied to the court about country and state of my sons birth. my son was born in germany, is dual citizen but he told the court my son was born in tucson,az
    anyone have any advise because i am getting frustrated that this man still demands he is in the right of not having to tell me anything about my son. if i ask my son personal questions in regards of his hight and size the phonecall gets disconected. i had to send my son clothing in 4 different sized in order to find out his size. so where are my rights as my sons mother? can i charge him with parental kidnapping since he never informed me about his move?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Help, Ex Husband Moved Out of Country Without Informing Me

    Your husband did not commit parental kidnapping. Forget that route.

    But aside from that - honestly, you need an attorney to help you with this. International custody cases are inherently complex, and can become very expensive very quickly. You might want to consider speaking with an attorney in Korea, too.

    You can file to modify child support if you can show that you're involuntarily unemployed.

  3. #3
    Join Date
    Aug 2011
    Posts
    15

    Default Re: Help, Ex Husband Moved Out of Country Without Informing Me

    i do not understand why i would need to hire an korean attorney since my exhusband is american and residing in korea because of a job and still claimes arizona as his home state...
    however, what about him never informing me about his move out of the country, i still have visitation rights, they are supposed to be supervised with my son, but due to him moving i am un capable of doing so...i simply do not have $2000 for a plain ticket plus the unknown amount of expences for a hotel etc for him if he is in the mood to say i can see my son for 2 hrs...
    there is no international custody case, i reside in california, arizona is his claimed home state so it is a national custody case... i already filed for a motion for change of child support, but every time i do anything my ex husband tries to blackmail me, scare me etc...

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Help, Ex Husband Moved Out of Country Without Informing Me

    He moved 3 years ago - it is far too late to argue against the relocation. It is, at this point, not Dad's problem that you can't afford the plane fare or other expenses. Plus, your visitation is to be supervised; the courts - in the US - are NOT going to force Dad to fly back and forth himself, at this point, in order to supervise visitation in the US. Even if the courts DID order that, the Korean government are not likely to assist at all, given that the child is not a citizen of that nation.

    Unfortunately, I cannot see any options for you other than waiting until Dad is back Stateside.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ex-Husband Moved Out of Country Without Informing Me

    On the child support issue, I very much doubt that it was a case where you went to court, you said "I don't have a job," he said, "She does have a job," and the court simply assessed $500 in support. Either he presented evidence that you were in fact employed, which the judge found to be credible and convincing despite your denials, or he convinced the court that your unemployment was voluntary such that wages should be imputed. If you have grounds to modify support, you have indicated that you know how to file and proceed with a motion. You haven't told us what scary things your ex- is doing from half-way around the world that have caused you to drop your past motions.

    In relation to your access to the child, telephone communication, exchange of current mailing addresses, etc., the order says what it says. If it was issued by an Arizona court and he's not complying with the order, you can bring a motion with the court that issued the order asking for its enforcement. There may be little that the court can do while he's overseas, but if he ignores its orders it is reasonable to expect that the court won't be happy with him when he gets back.

    There's this thing called a "birth certificate" that can be presented to a court to document where and when a child was born. If your husband lied about that, for some inexplicable reason, quite obviously you should have submitted the birth certificate to document where the child was born (although it's not clear how that is relevant to the situation).

    You know that your ex- is in Korea, and you know that he's been there for three years. So as you were told, going to court three years later and saying "He didn't tell me that he was moving", is not apt to move a court, as you chose to sit on your hands for three full years.

  6. #6
    Join Date
    Aug 2011
    Posts
    15

    Default Re: Ex-Husband Moved Out of Country Without Informing Me

    As to the child support, he gave the judge the hourly income i had in november, which was shortly before i got unemployed, so therefore the judge ended up with an amount of 500 a month, he simply didnt care that by the time the case got to court which was 5 month later that i had no income, that is already geting taken care of by child support modification that is in process right now, as to the birth certificate, my ex husband had the original, and i was able to obtain a copy of the birth certificate during my stay in germany last year, as to visitation etc, he does not allow it, even when he visits his family in the US.
    And just some of the treats the throws at me are that he is going to stop all contact between my son and I (which he has done before where i had to litterally beg him for 7 month to get a phone call from my son since i am not allowed to initiate any calls on skype,( also i do not have any phone number etc), that if i file anything he will file charges etc because i am not paying child support, which i can not because i am unemployed, he is trying to tell me that unless i pay any money i will not get pictures of my son, back in 09 i had to help him with his security clearance in order to get 2 pictures of my child, and another thing he uses or tries to use is when he ran a backround check on me there was a warrant for failure to appear in court, which i just recently found out to my stay back in germany, he wrote me that if i file anything he will tell the court where they can find me... these are just some things he does...
    and also i know that 3 years ago i should have done more, but was not able to pay for a lawyer and did not know my rights, he however had a top payed lawyer

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Ex-Husband Moved Out of Country Without Informing Me

    Honestly, there's very little you can do until Dad gets back to the US.

    Korea is not going to enforce a US custody/visitation order for a child who is not a citizen of Korea.

    (And even if the child WAS a citizen of Korea, there is no reciprocal agreement between the US and Korea to begin with)

  8. #8
    Join Date
    Nov 2009
    Posts
    256

    Default Re: Ex-Husband Moved Out of Country Without Informing Me

    An APO is a military address. He's in the military?

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Ex-Husband Moved Out of Country Without Informing Me

    He's a civilian, EA. (Per her other thread)

  10. #10
    Join Date
    Aug 2011
    Posts
    15

    Default Re: Ex-Husband Moved Out of Country Without Informing Me

    No he is not military, he is a government employee and only gives me the Apo address because he does not want me to know his residency and only skype to skype calls so i do not know his phone number either...
    he even said in one email that if i came to Korea that he demands my passport and identification being held by him prior to me seeing my son until my departure, and that he would meet me on a military instalation, ( which i suppose he is a contractor on a military installation) and the MP escort me around for the 2 hours he allows me to see my son.

    1. Sponsored Links
       

Page 1 of 3 1 2 3 LastLast

Similar Threads

  1. Custody and Visitation Issues: Ex-Husband Moved Child Out of Country Without Permission
    By ledis80 in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 08-23-2011, 12:56 PM
  2. Mother Moved Across Country Without Informing Father
    By Tigerseye in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 11-28-2010, 12:17 PM
  3. Can I Continue to Collect Child Support if I Moved to Another Country
    By American_Grl in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 11-19-2010, 09:36 PM
  4. Divorce: Abandonment - Spouse Moved Out of Country
    By grants04 in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 06-20-2008, 09:39 AM
  5. Ex-Husband Wants To Take Children Out Of The Country
    By alicia6266 in forum Child Custody, Support and Visitation
    Replies: 5
    Last Post: 02-21-2008, 12:58 PM
 
 
Sponsored Links

Legal Help, Information and Resources