Scared To Death!


#1

Has she made threats to take the children and keep them away? Does she have a job, family or a home here? How attached is she to this area?

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

She has made no threats for quite sometime and she does have a home and a job here. We do keep checking to make sure she hasn’t listed the house for sale. I think that would be the first sign if she were to leave. I’m sure there is nothing we can do at this point to stop her but I wonder if we can at least force her to give the information of where she will be if she does not do so on her own.


#3

You did not mention custody but I believe that the attorney that originally handled it could send a letter requesting contact information to be given to the other parent. If custody is shared then contact information should be given.
Have you asked for the information and she just has not given it? Maybe a diplomatic way to handle it would be to ask for the information as a way to contact the children in the event of an emergency…maybe she doesn’t have the information to give yet and is waiting until arrival? I understand the frustration but if there’s been no threats of not returning with the children what would make you think she would?


#4

Prior to her travel abroad you may want to have the custodial terms put into a consent order so that they have a document enforceable by the courts. That will make it much easier to have the child returned if this becomes an issue.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

Situation is my husband’s:

DH’s ex-wife immigrated to this country some 20 years back. They have it in their SA that either party may travel abroad with the child for a period not to exceed a certain number of weeks. Passports have been issued for the children with my husband’s consent. Flash forward to now and a trip is planned in which the children will be going with her. At first it was a non-issue but after googling the country (a European Country) that the kids will be going to and realizing that the ex-wife can apply for their citizenship (she is a citizen here but would also be considered one there as well), and also realizing that although the country is part of the treaty on international kidnapping they have yet to return one child to a parent in a foreign born land (like the US) when the issue has arisen, we find ourselves terrified that she will go on “vacation” never to return again.

Is it even possible at this point to keep her and the children in the country without violation of the separation agreement and stiff issues with the courts?

She has yet to give any information about phone numbers and location of where she is staying, if she does not comply with at least that information can we file emergency paperwork to force the issue?