What should a mother do, when her husband want to move to California, from Michigan, and her brother shows this, and says that the concept is the same between the states, and says that you are a dumbass if you move to California, with out consulting international divorce lawyer, Jeremy D. Morley http://www.international-divorce.com, and he is willing to pay the $500.00 consulting fee, so you are warrant a head of time if you do something foolish? Your brother is watching out for you.
Before you move overseas, realize that if you have children in a new country you may find yourself trapped there. An example: Angie the American and Gus the Greek (from Cyprus) moved to Cyprus with their baby. Life in Cyprus didn’t work out for Angie. In fact, she hates it there. But Gus refuses to leave and he refuses to allow Angie to take the baby back to the States to live. Since both Cyprus and the U.S. are parties to the Hague Convention on the Civil Aspects of International Child Abduction, Angie will be in big trouble if she takes the child back to the States without Gus’ permission. Angie wishes she had consulted an international family lawyer before she moved overseas. Now she’s stuck there.
If you make a deal with your husband or wife that you’re going overseas just for a trial and that you’ll return if it doesn’t work out – Get it in writing. Verbal agreements always seem to be forgotten when things blow up. But also know that even a written agreement may not work. A foreign court handling your child custody case may well that it doesn’t care what your deal with was with the other parent; it must only consider what’s best for the kids.
Before you switch residences, consider how it might impact a possible divorce. An example: Arnie and Alice in America signed a prenuptial agreement before they married. Not only that, but Arnie made pretty sure that it was watertight not only by having it drafted by his own lawyer but also by insisting that Alice have her own independent lawyer, and by putting term sin the agreement that are pretty fair to Alice. Arnie feels secure. Then they move to London, England oblivious of the fact that their prenup may well be unenforceable in a divorce court in England. English courts still hold that prenuptial agreements are against public policy and, while this policy is supposed to be changing, it most certainly hasn’t changed yet. To make matters much worse for Arnie (who had bags of money before the marriage and thought he was fully protected by the prenup), there is no distinction in England between marital property and separate property acquired before the marriage. He could be blowing half of his pre-marriage assets just by moving the family to England.
Before leaving home, you should hope and plan for the very best. But you also need to be prepared for the very worst. So if you are a “trailing spouse,” consider the following:
· Don’t sell the house. If you maintain an address in the States it will be easier to claim that you maintained your home as your permanent residence. Certainly it will indicate that it continues to be your “domicile” (the place you live in indefinitely which remains as your domicile even if you move temporarily to another place remains your home. Having a place to return to will also make your case a lot stronger if you need to prove that your kids should be allowed to move “back home.”
· Keep your contacts with your job. Prepare for the day when you may want to re-enter the job market back home. Perhaps you can even continue to do some work even while overseas.
· Keep your network of friends and family at home.
If you’re overseas and are “planning” to get divorced, be as strategic as possible. Plan your moves. Consult someone who really understands the big picture. Figure out where it’s best for you to be at the time you tell your soon-to-be-ex that it’s all over. You may need to move yourself, the kids, the soon-to-be-ex and the marital assets to another place before you break the news that you want out of the marriage. And don’t leave without the evidence. It’s very frustrating when a client tells me a story of the other spouse’s gruesome physical abuse and shameless hiding of marital assets and when I ask for the evidence I’m told that it was all left behind in the foreign country before the client came back home. Intelligent planning, with strategic professional advice, is the key.
If you’re feeling stuck overseas and have children with you, don’t just bolt for the (airplane) door with the kids and run ‘back home’ to the States. Plan things out first. If you take the kids you may be guilty of international child kidnapping. You could even be arrested at the airport before you leave. If you make it to the States, you’ll probably be forced to return by an American court – and then, to completely add insult to injury, you’ll probably have to pay your spouses’s legal fees and travel expenses as well as your own. When yoWhat should a mother do when your brother says dumbass if you move to California, with out consulting?
guilty or not? it's a nice law and everything but even the rich people have trouble bringing their kids back into the country. Look at the NJ wall street guy and his kid in Brazil..6 yrs of legal battles.
It almost happened to someone I know and Hague Child Abduction atty, FBI, etc basically said good luck. Those countries have their own family law laws. You are better off working it out than losing 5 to 10 years in legal fights. at which point your child will have no concept of American culture.
The sad thing is they will relate better to your ex's grandma, uncle, brother, sister, or aunt better than you. Yes, your kid will be a foreigner to you because your spouse always had intentions to return to their country. The thing in your favor is where the child was actually born. ( in the states or abroad.)
I heard of one lawyer with a $500 to 1000 initial consultation which is ridiculous and does not guarantee a return. It must be amicable to make it work.What should a mother do when your brother says dumbass if you move to California, with out consulting?
...I'm sorry...must have dozed off there for a second...what was your question?
California is not another country!
I would strongly recommend you read up on this:
http://www.capsulecorp.org/custody
or alternatively:
http://www.amazon.com/gp/redirect.html?i…
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