Ex Husband's permission

[GP1977 288]

12 minutes ago, T&A2018 said:

You know , it’s different when you are dealing with normal court system . But the court system over there is so corrupted , that even with 100% winner case you might not be sure if you win or not . Her ex has good money and connections , so he might influence the judge and the court .

It has been mentioned before in previous posts but have you considered moving to Ukraine?

 

[T&A2018 4]

1 hour ago, GP1977 said:

It has been mentioned before in previous posts but have you considered moving to Ukraine?

 

If things go south , i will be just flying between these two countries . I need her to get papers as well , so she can fly in and out as well . While this matter gets resolved in court 

[Boiler 43,433]

I would imagine getting a Passport is up to her.

[HP+IC 292]

So, being a Ukrainian lawyer and a K1 beneficiary with a K2 child, I've made some research in case if my ex doesn't give his consent. In fact, if he stumbles, there's nothing you can do legally unless you formally deprive him of his father's rights in court. Ukrainian courts do not rule in favour of a mother who seeks approval of moving the child for good (the ПМЖ thing, you know) without father's consent. Recent amendments to child travel law were aimed at making temporary travel simple and to shift the workload of seeking temporary travel permits from the courts, but definitely they do nothing with permanent residence abroad. That said, if the kid is well younger than 16, you can only deal with the father directly and pray that he doesn't withdraw his consent, if given, at the last moment for whichever reason. I am in the same boat, with my ex being alcoholic and not emotionally stable. He's changed his mind like 3 times already now that we filed in late June. Currently he stays at 'the kid will go' but who knows. What can help: you getting an NOA2, he will see it's serious. The kid themselves talking to the father and explaining that they want to leave. Relatives explaining the father that suddenly getting a frustrated kid in your full custody is not a piece of cake. And that kid growing up with the idea that the father has f...d their life, and believe me, nobody can persuade a kid that staying in Ukraine was better than moving. This 'your mother has abandoned you' stuff could only work with a very young kid, so age matters. My son is 13, so we've been through all of that, a frustrated teenager is a hell of an issue and my ex has finally understood that. In a nutshell, the court can do nothing for you unless your fiancee seeks (and gets) deprivation of father's rights and ultimate sole custody of the kid. If not, she may leave the kid behind with a very faint chance to get them as a 'follow to join' K2.  If not, you may consider relocating to Ukraine. Unfortunately, there is nothing else you can do until the child turns 16. 

[Going through 5,668]

HP+IC brings up some very good points----how old is the child now?

[HP+IC 292]

Yep, and there is another situation to explore. If the mother leaves without the child, marries the USC, files for AOS and goes the usual way... The child is under 18 when the marriage occurs. Can the USC then petition for the foreign step-child under these conditions (out of usual K2 scheme) as a minor immediate relative of USC? If so, how long may it take? I have a vague idea that this may also be an option for any age kid, but especially if the child is somewhat near 16. I mean, if the ex finally surrenders or the child turns 16 but 1 year to complete the K2 has elapsed

[payxibka 10,044]

1 hour ago, HP+IC said:

Yep, and there is another situation to explore. If the mother leaves without the child, marries the USC, files for AOS and goes the usual way... The child is under 18 when the marriage occurs. Can the USC then petition for the foreign step-child under these conditions (out of usual K2 scheme) as a minor immediate relative of USC? If so, how long may it take? I have a vague idea that this may also be an option for any age kid, but especially if the child is somewhat near 16. I mean, if the ex finally surrenders or the child turns 16 but 1 year to complete the K2 has elapsed

As long as the step parent relationship is created before the child turns 18 then the USC can petition as an immediate family member.   That petition process is currently about 1 year

Edited November 30, 2018 by payxibka

[HP+IC 292]

Oh great, this is what I discussed with both my son and his father. In our case it is a matter of 2 years and a very viable option. I am quite comfortable with the idea that if and once K2 option is gone, we may still get the kid out in reasonable time. Discussing that probably helped convince my ex (keeping my fingers crossed). 

[David & Diana R 1,005]

22 hours ago, ThomasNC1988 said:

Get the child out of the country no matter what, consequences be damned? Only option is the father to agree or a court order saying he has no say in the matter. The father has rights and it doesn't matter what you or anyone other than a court thinks of his parenting. This is perhaps one of the most desperate posts I've seen. If you take these desperate measures your fiance is headed for at best denial at worst prison. You will not get a Visa or out of the country without the fathers permission and if you do manage that you are in a whole other heap of trouble. Smuggling kids is the most illegal thing you can do with regard to immigration and I am not sure how you haven't been kicked off this site already for the suggestion.

Yeah, and it's gonna be great for "the kid" as you refer to him/her when both "parents" in the US are taken into custody by the FBI and tried for International Kidnapping/Human Trafficing/Child Endangerment and about 15 other charges.  "The kid" will likely be placed into the foster care system for years while your Felony cases proceed through the courts.  Good luck...damn the torpedoes.

[David & Diana R 1,005]

Whoops, I made an error:  EDIT: 

 

Yeah, and it's gonna be great for "the kid" as the OP refers to him/her when both "parents" in the US are taken into custody by the FBI and tried for International Kidnapping/Human Trafficking/Child Endangerment and about 15 other charges.  "The kid" will likely be placed into the foster care system for years while "the parents" Felony cases proceed through the courts.  Good luck...damn the torpedoes.

[payxibka 10,044]

1 hour ago, David & Zoila said:

Whoops, I made an error:  EDIT: 

 

Yeah, and it's gonna be great for "the kid" as the OP refers to him/her when both "parents" in the US are taken into custody by the FBI and tried for International Kidnapping/Human Trafficking/Child Endangerment and about 15 other charges.  "The kid" will likely be placed into the foster care system for years while "the parents" Felony cases proceed through the courts.  Good luck...damn the torpedoes.

There's the rub.   Thats why the kid won't be allowed to emigrate without proper documentation 

[T&A2018 4]

4 hours ago, David & Zoila said:

Yeah, and it's gonna be great for "the kid" as you refer to him/her when both "parents" in the US are taken into custody by the FBI and tried for International Kidnapping/Human Trafficing/Child Endangerment and about 15 other charges.  "The kid" will likely be placed into the foster care system for years while your Felony cases proceed through the courts.  Good luck...damn the torpedoes.

First of all , look up the definition of kidnapping or human trafficking before you exaggerate things . It has nothing to do with that . And once again , this is not about it . Read the topic carefully. 

[Boiler 43,433]

1 hour ago, T&A2018 said:

First of all , look up the definition of kidnapping or human trafficking before you exaggerate things . It has nothing to do with that . And once again , this is not about it . Read the topic carefully. 

https://en.wikipedia.org/wiki/Hague_Convention_on_the_Civil_Aspects_of_International_Child_Abduction

 

For your perusal

[T&A2018 4]

43 minutes ago, Boiler said:

https://en.wikipedia.org/wiki/Hague_Convention_on_the_Civil_Aspects_of_International_Child_Abduction

 

For your perusal

https://content.next.westlaw.com/Document/I695b9688c49c11e598dc8b09b4f043e0/View/FullText.html?contextData=(sc.Default)&transitionType=Default&firstPage=true&bhcp=1

[Crazy Cat 39,226]

9 hours ago, T&A2018 said:

https://content.next.westlaw.com/Document/I695b9688c49c11e598dc8b09b4f043e0/View/FullText.html?contextData=(sc.Default)&transitionType=Default&firstPage=true&bhcp=1

Items 19 & 20 are pretty interesting....especially the references to The Hague Child Abduction Convention.