Ex Husband's permission

[T&A2018 4]

6 minutes ago, Ontarkie said:

I just wanted to add even with a court order to be able to move the child the father does not lose rights to the child. Those are two separate things. 

 

Yes you need his permission or a court order. Just be warned though they can refuse to give your fiance a visa if the child doesn't get consent. I've seen it just once but it was done. 

Also the mother leaving the child back home while she moves gives the father more leverage as he can use it as she abandoned the child. I know that is not what the plan is but the father sure can  play that card. Just as you're trying to play that card with him.  Be careful on any actions taken they can be used against the mother. 

I don't think that will affect her visa approval , they will probable refuse to approve the kid's visa and tell her to reapply for it as soon as the matter is solved . One has nothing to do with the other one . 

[Shiran 1,134]

15 minutes ago, T&A2018 said:

She will fly here , get her green card , then we would have to fight in courts. At least in this case , she'd be able to fly in and out. We are ready for a long court battle . It is , what it is . 

Have a civil conversation. If she is prepared to leave, and the child with be in biological Father custody, is HE prepared to deal with it? How old is the child? Suddenly instead of 1-2 hours every few months, it will be child all time every time. Does he really want to accept responsibility for it? Do not be antagonistic. And, yes it is between parents, but child will be entering your life, and Father does need to know it is going to good home. Also, yes, he might not be above of just being paid off one way or the others. "Mutually agreeable offer" and all that. Just make sure to not antagonize situation. 

[payxibka 10,044]

Just now, T&A2018 said:

I don't think that will affect her visa approval , they will probable refuse to approve the kid's visa and tell her to reapply for it as soon as the matter is solved . One has nothing to do with the other one . 

You would be better served not even applying for the child because the outcome is predetertimed.   You would have up to a year to exercise the k2 follow to join if you go the k1 route.  Gives you time to get the mess straightened out 

[T&A2018 4]

Just now, payxibka said:

You would be better served not even applying for the child because the outcome is predetertimed.   You would have up to a year to exercise the k2 follow to join if you go the k1 route.  Gives you time to get the mess straightened out 

Nobody knows the outcome , besides the God . According to Ukrainian law, mother can leave the country without other parent's permission for less than 30 days. If she has a paperwork stating that she is the main custodian of the child . And she does have this signed letter with the court decision . 

[Lemonslice 4,549]

5 minutes ago, T&A2018 said:

Nobody knows the outcome , besides the God . According to Ukrainian law, mother can leave the country without other parent's permission for less than 30 days. If she has a paperwork stating that she is the main custodian of the child . And she does have this signed letter with the court decision . 

But it's more than 30 days, no?

[payxibka 10,044]

2 minutes ago, T&A2018 said:

Nobody knows the outcome , besides the God . According to Ukrainian law, mother can leave the country without other parent's permission for less than 30 days. If she has a paperwork stating that she is the main custodian of the child . And she does have this signed letter with the court decision . 

Your talking to someone who has been through the Kyiv embassy.   With only the 30 day permission.   No visa.  The embassy is well versed on local law.  And  even if by some act of God the child receives the visa, don't forget about exit passport control,  they see this and a k2 in the passport,  all will stop right there at the airport. 

[Ontarkie 13,902]

16 minutes ago, T&A2018 said:

I don't think that will affect her visa approval , they will probable refuse to approve the kid's visa and tell her to reapply for it as soon as the matter is solved . One has nothing to do with the other one . 

It has happened. So I put it out there. 

10 minutes ago, T&A2018 said:

Nobody knows the outcome , besides the God . According to Ukrainian law, mother can leave the country without other parent's permission for less than 30 days. If she has a paperwork stating that she is the main custodian of the child . And she does have this signed letter with the court decision . 

She will not be getting AP in 30 days. If she is lucky she may get it in 6 months. It's enough time for the father to say she abandoned her child. 

 

And to be clear I'm not saying that is what she would be doing. If she is having a hard time because the father just wants to make her life miserable he sure as heck will pull this. 

[T&A2018 4]

13 minutes ago, payxibka said:

Your talking to someone who has been through the Kyiv embassy.   With only the 30 day permission.   No visa.  The embassy is well versed on local law.  And  even if by some act of God the child receives the visa, don't forget about exit passport control,  they see this and a k2 in the passport,  all will stop right there at the airport. 

I'm not worried about passport control over there  , my main worry is the child getting the visa.

[payxibka 10,044]

Just now, T&A2018 said:

I'm not worried about passport control over there  , my main worry is the child getting the visa.

My point is even with the visa, emigration is not guaranteed 

[T&A2018 4]

7 minutes ago, Ontarkie said:

It has happened. So I put it out there. 

She will not be getting AP in 30 days. If she is lucky she may get it in 6 months. It's enough time for the father to say she abandoned her child. 

 

And to be clear I'm not saying that is what she would be doing. If she is having a hard time because the father just wants to make her life miserable he sure as heck will pull this. 

Once they land on US soil , there is not much he can do from there. I consulted with the lawyer over here. It doesn't qualify as kidnapping or human trafficking. That's totally different .  

[Crazy Cat 39,186]

1 minute ago, T&A2018 said:

Once they land on US soil , there is not much he can do from there. I consulted with the lawyer over here. It doesn't qualify as kidnapping or human trafficking. That's totally different .  

I doubt the truthfulness of the attorney's statement....

[Lemonslice 4,549]

1 minute ago, T&A2018 said:

Once they land on US soil , there is not much he can do from there. I consulted with the lawyer over here. It doesn't qualify as kidnapping or human trafficking. That's totally different .  

What did the lawyer say? That it's legal to remove the child without parental permission?

[Lemonslice 4,549]

3 minutes ago, T&A2018 said:

Once they land on US soil , there is not much he can do from there. I consulted with the lawyer over here. It doesn't qualify as kidnapping or human trafficking. That's totally different .  

What do you think will happen when the child goes back to visit the father? Unless the plan is to not let the child visit...

[T&A2018 4]

1 minute ago, Lemonslice said:

What did the lawyer say? That it's legal to remove the child without parental permission?

He doesn't care how the child came to US. Most he can do from there is to get a court decision to return the child back , but there are ways to fight this decision .

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

[Crazy Cat 39,186]

3 minutes ago, Lemonslice said:

What did the lawyer say? That it's legal to remove the child without parental permission?

It wouldn't be the first time we've seen terrible attorney advice around here, would it?