T&A2018

3 hours ago, missileman said:

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

So are 21 & 22

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

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. 

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 

3 hours ago, proudtobabritgirl said:

I've just been through the exact same thing. When you apply to the court you can actually state that the matter is urgent. I didnt state that it was urgent when I applied, but I received a phonecall from the court secretary saying that although I hadn't selected it as urgent, I should have stated it as urgent because there was a timeframe involved. 

It can take up to two years. Once I had changed the case to urgent it sped things up and took a year in total. 

Timeframe is hard to say as it also depends on the child's biological father and how much they contest against the child moving. 

In my case, my daughter was old enough to have an opinion in the court process, which helped massively. 

It won't take forever. The courts wouldn't do that. A decision has to be made as it is in the best interest of the child rather then have two parents indecisive.

I should add I didn't have a solicitor, I did however research that area of law extensively. You will need to prove the point with facts that you are moving the child for a better life NOT to take the child away from the father. 

One thing I did not do, was to badmouth my ex husband. I barely even mentioned him. I focused on my daughter and how it would be beneficial for her and the emotional impact it would have on her to not have permission to move. 

I also had a really good track record. As in, I'd taken our daughter to the USA many times and always stated when I would return, remained in constant communication, encouraged my daughter to keep in contact and updated with letters and phonecalls on what she had been up to, despite the trips on being for a couple of weeks or so. 

The more information you can get on the area you are moving too (school exam pass rates, local crime, opportunities) etc that is a must! 

Any more information please don't hesitate to ask me. 

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 .

1 minute ago, JFH said:

Doesn’t want to talk to his father or is not given the opportunity to? Maybe because the child has been told that the father doesn’t like him or other nonsense. The golden rule is to love the child more than you despise your former lover. That’s the man she chose to be the father of her child. It’s not about what you think anyway. As you will discover, the court’s opinion, whether you agree with it or not, will be the one that applies. 

 

If you just want to be a family with this woman and her child then surely location is irrelevant? Or is she also wanting a perceived “better life”?

Nobody forbids the dad to talk to the kid, he just does it whenever he feels like it . So , please, once you dont know the circumstances , don't make assumptions .

Where did u see a suggestion about smuggling the kid or anything in that matter? The whole purpose of this topic is to see what options are available and to find someone who went trough the same problem .

3 minutes ago, JFH said:

How do you know the child will have a better future in the USA? That’s a very stereotypical thing to say. Yes, you might have more money and the child might have a bigger house and more clothes but children need a lot more than material things. You are moving a child away from the only home he knows, away from friends, extended family, language, to a completely different environment. Sometimes that can do more harm than good. It might be better for you to move to them. At least the child will maintain some stability. 

 

I was pushed from one one country to another and my parents went through a very acrimonious divorce and not being able to see my grandparents and having to leave my school and friends was very hard. And I could speak both languages fluently so I didn’t have the language issue. But it was still an awful experience and I started to despise my parents for it. 

You know how ? Cause the kid doesn’t even wanna talk to his dad . He calls me father . Cause the real “father” doesn’t spend time with him at all and he is not attached to him at all . Cause their country is at war , cause the corruption there is unbelievable. When it comes to his family , all he has is his mother and grandmother. The other side’s grandparents don’t even talk to him or take him to their house or anywhere else . If you don’t know the insides, don’t judge , I love the kid and the kid is so attached to me . It’s not about the money, it’s about having a complete family . 

3 minutes ago, dwheels76 said:

Gosh I pray they don't check out ya'lls emails and texting. Man you are truly playing a very dangerous mean game of some keep away.

Who will the child stay with for the 4 to 6 months before your fiance' ten wife will be able to travel. Don;t think ya'll have thought this through at all.

We are not playing any games. The main reason for this topic is to find out if anyone from Ukraine had the same issue and how it was resolved legally . That's it

2 minutes ago, Russ&Caro said:

One reason to work things out at least civilly if not amicably with the biological father are the uncertainties of life. If you can eventually convince him that it's in the best interests of the child to immigrate and remain with the mother, you not only avoid all the possible administrative nightmares that have already been pointed out, but you probably lower the risk that the father would keep the kid on a subsequent visit. Remember, he could remarry to a wife who would love the kid and want custody.

 

One other situation to consider in the life can throw you a curve category is if you and/or your wife encounter hardship here in America, such as a health or financial crisis. At that point, having an civil relationship with the kid's father could give you some flexibility, especially, if as you say, he has plenty of money and could possibly support the kid here or in Ukraine, through the crisis. Good luck!

I wish it was that easy, she even offered him the apartment . He has all signs of borderline narcissist personality disorder . Hard to deal with this type of people .

1 minute ago, Ksenia_O said:

You should be worried about Passport control over there - they take it really seriously when a parent travels with a minor kid without other parent's permission. 

 

And as it's been already mentioned - even if a K2 visa gets issued..somehow, the kid won't be able to leave Ukraine anyway.

Znakomstva xoroshie  .

Just now, missileman said:

and desperate measures sometimes results in catastrophic results like bans...and worse....good luck..be careful.

Thank you , we will see .

1 minute ago, missileman said:

I think you're playing with fire......

Desperate times , desperate measures .

1 minute ago, Lemonslice said:

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...

We will cross this bridge when we reach it . That's not a main concern now .

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

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 .  

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.

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 . 

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 . 

4 minutes ago, Boiler said:

Assuming she will not move without the child looks like you will need to be the one that moves.

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 . 

I understand what you are trying to say. But , he doesn't much care about his  kid. He contacts the kid once in 3-4 months , doesn't help financially , even tho he makes good money . I don't want to to get into details , but he's doing that just to make her life harder. This topic isn't about him being a good father or not , or his rights. And yes, if it was me and i saw my kid once on 8 months and i knew that my kid would have better future in US , i"d permit the kid to leave. She offered to fly the kid to him during his vacation and etc. 

What do you mean its between the parents? She asked for permission , he said no . 

Hi forum . We are in the process of getting K1 visa already. She lives in Odessa . She also have a child from a previous marriage.  Her ex-husband doesn't want to sign the papers for a kid to leave a country , even tho he doesn't much care about his kid , he is out of town 6-7 months a year and even when he is in town , sees the kid once a week for couple of hours, the kid is more attached to me then to his biological father. So anyway , here is the question ... Has anyone been in this kind of situation ? How did u  resolve it ? Do they ask for the father's approval letter at the embassy interview? We are currently fighting in courts , but this process might take forever. I'd really appreciate any advice from the forum , thanks .