Another question on fear of abduction


#1

A friend of mine has encountered an unusual situation. The father has requested to hold the passports for my friend’s two stepsons. There is a fear that the boys (who possess dual citizenship) will be taken to “visit their grandparents overseas” then custody filed in that country and the boys not returned. Since this country refuses to allow for extradition of any citizen, there would be absolutely no recourse to get the boys back.

(I might add that this very same thing happened to a friend of theirs who was unable to get his sons back because child support was also set at a whopping $5000/mth making him liable for arrest for arrears if he ever set foot in that country. Therefore, he can’t enter that country to petition in that country’s own court system.)

Even if possession of the US passports isn’t granted, there is a chance that the father could obtain other passports for the kids and remove them during his visitation. Are there any precautions, that one can take to prevent this possibility?


#2

A parent cannot obtain a passport, or duplicate passports for children unless both parents sign for the same.


#3

Sorry, I wasn’t clear. The other passports would be for the other country of citizenship. That country allows for the signature of one parent provided that parent has some legal custody, which in this case, he has joint legal custody. Not sure how that would be read.


#4

The citizen spouse may file an action for custody here to ensure an order is in place which disallows travel.


#5

Thanks Erin.