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I'm American ex is Dutch. Custody problems...

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  • I'm American ex is Dutch. Custody problems...

    Hello Ive been divorced from my Dutch (ex) husband for 2 years now. I moved with our two children back to the USA 1,5 years ago. In our divorce settlement he agreed that I could move here. So it is in writing signed by a judge. Now he wants us to move back to the Netherlands. Costs of flights are more he can't afford to see them as often as he wants etc. I don't want to move back. Kids have settled in nicely , made friends, are in clubs, and are doing GREAT in school. They have dual citizenship too btw. My ex is now threatening to take me to court to force us to move back. Can he do this? Can he make us move back to the Netherlands? He thinks if i wont move back the courts will give him full custody because he has the money to fight it in courts. I do not. I have no money .. what are my options and will he win? Im not denying him access at all he sees them whenever he wants and calls them daily on the phone. They spend the whole summer in the Netherlands with him. I don't know what else I can do. Please can anyone give me advice Im stressed out about loosing them or having to move back.

  • #2
    re: I'm American ex is Dutch. Custody problems...

    I wish to inform you that court considers best interest of child as main consideration. In this regard father can go to court for change of custody if he can show that children are having suffering in USA or court order is not being followed. As you are following court orders and there is no material change in circumstance thus father may not have court order in its favor. If father goes to court then you will have to represent court so that court can come to know your view point. In this you can have a court order from Netherlands that now USA should have jurisdiction in the matter because children are living in USA.

    AFF

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    • #3
      re: I'm American ex is Dutch. Custody problems...

      Originally posted by Smurphy View Post
      Hello Ive been divorced from my Dutch (ex) husband for 2 years now. I moved with our two children back to the USA 1,5 years ago. In our divorce settlement he agreed that I could move here. So it is in writing signed by a judge. Now he wants us to move back to the Netherlands. Costs of flights are more he can't afford to see them as often as he wants etc. I don't want to move back. Kids have settled in nicely , made friends, are in clubs, and are doing GREAT in school. They have dual citizenship too btw. My ex is now threatening to take me to court to force us to move back. Can he do this? Can he make us move back to the Netherlands? He thinks if i wont move back the courts will give him full custody because he has the money to fight it in courts. I do not. I have no money .. what are my options and will he win? Im not denying him access at all he sees them whenever he wants and calls them daily on the phone. They spend the whole summer in the Netherlands with him. I don't know what else I can do. Please can anyone give me advice Im stressed out about loosing them or having to move back.
      No, it is not likely any judge would require you accede to your husband's demands to uproot the kids and move them back to the Netherlands. He sounds like a very selfish man.

      He will have to fight any custody battle here, where the kids are residing. With a US lawyer. Although U.S. courts honor custody decrees in the Netherlands, since the children are and have been in the U.S., moved here with the father's express consent and the courts, a US court would want to hold jurisdiction here so the children would not be uprooted. If they are of school age, another factor against yanking them out of school where they are established, away from friends and the community they have become adjusted to. The most information about the children's past and present care is now here, not in the Netherlands -- as a practical matter for custody modifications.

      He should have thought about the cost factor of seeing them 'as often as he wants' when he agreed to allow you and the children to move back to the U.S.

      My recommendation is that you see a family law attorney so that if and when he files anything you will be prepared to have a response filed.

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      • #4
        Re: I'm American ex is Dutch. Custody problems...

        my name is lennon gardner i want to share a testimony about a spell caster named Dr idunga whom i met through a friend of mine after hearing alot about him..Dr idunga is the most power caster i have ever come across since i have been involve in spiritual stuffs, he helped me re unite with my ex wife in less than 3 days and helped me secure a promotion in apples inc where i work in less than 2 weeks..people we all know that most are scammers but Dr idunga is more than real, he will even tell you if the spell is going to work or not before casting it..i thank him for making me happy again..you can contact him through his e-mail([email protected])

        Comment


        • #5
          Re: I'm American ex is Dutch. Custody problems...

          Originally posted by Smurphy View Post
          Hello Ive been divorced from my Dutch (ex) husband for 2 years now. I moved with our two children back to the USA 1,5 years ago. In our divorce settlement he agreed that I could move here. So it is in writing signed by a judge. Now he wants us to move back to the Netherlands. Costs of flights are more he can't afford to see them as often as he wants etc. I don't want to move back. Kids have settled in nicely , made friends, are in clubs, and are doing GREAT in school. They have dual citizenship too btw. My ex is now threatening to take me to court to force us to move back. Can he do this? Can he make us move back to the Netherlands? He thinks if i wont move back the courts will give him full custody because he has the money to fight it in courts. I do not. I have no money .. what are my options and will he win? Im not denying him access at all he sees them whenever he wants and calls them daily on the phone. They spend the whole summer in the Netherlands with him. I don't know what else I can do. Please can anyone give me advice Im stressed out about loosing them or having to move back.
          No, he cannot force a move back to the Netherlands. Purely for financial reasons, HIS, that he does not or cannot afford to see them as often as he wants puts HIS wishes ahead of the children's.

          No, the courts cannot grant him full custody unless he's willing to try to file for custody in the U.S. where the children are residing, by agreement, well settled in their school and community -- and no other court other than the US court where they are residing has any interest, actual or legal, in their welfare.

          My concerns at this point are your sending the children to the Netherlands for the summer for once they are there, he could institute proceedings to change custody. And without funds you would likely be unable to attend and even more likely,he would be prone to keep them there and not send them back. Then there would be an international incident and a costly procedure to get the children back to the U.S.

          My suggestion is that you move in your local county court to have the foreign custody decree registered with your local superior court. And then move to modify the order for overseas visits to the effect that the father be required to post bond, say $20,000 per child to guarantee return of the children should he defy the court order. At that time you could also modify the other terms of the custody agreement you believe necessary.

          I would see a family law attorney, though, asap. Since the summer is here and sending the children to the Netherlands with the mindset the father has is very, very risky. You might not get them back.

          Comment


          • #6
            Re: I'm American ex is Dutch. Custody problems...

            Originally posted by Unregistered View Post
            my name is lennon gardner i want to share a testimony about a spell caster named Dr idunga whom i met through a friend of mine after hearing alot about him..Dr idunga is the most power caster i have ever come across since i have been involve in spiritual stuffs, he helped me re unite with my ex wife in less than 3 days and helped me secure a promotion in apples inc where i work in less than 2 weeks..people we all know that most are scammers but Dr idunga is more than real, he will even tell you if the spell is going to work or not before casting it..i thank him for making me happy again..you can contact him through his e-mail([email protected])
            If you are so happy with your witch doctor, then why are you posting here.

            Spam, spam, distasteful as usual spam.

            Comment


            • #7
              Re: I'm American ex is Dutch. Custody problems...

              I think OP has had a spamming spell cast on him by the good "dr" and will spend his entire life without family, doomed to spam websites forever. Bad Karma.

              Originally posted by Friend In Court View Post
              If you are so happy with your witch doctor, then why are you posting here.

              Spam, spam, distasteful as usual spam.
              Due to a recent promotion, I should now be referred to as Major Obvious.

              I would not be trying to provide information and knowledge if I did not sympathize.

              Some days it is just not worth chewing through the restraints to face life.

              Comment

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