DD’s dad has taken her overseas and won’t bring her back

What an absolute fucking twat. I hope he gets the book thrown at him and loses his job. But most of all I hope you and DD are reunited soon.

Op family lawyer here. Strongly advise to get your advice from a law firm on the child abduction panel. For example Dawson Cornwall (not my firm ) specialise in child abduction work and have a child abduction team. Do not just get advice from a normal family solicitor. You may also need American lawyers but they will be able to help put you in touch with specialists there. Contacting the Child Abduction Unit is also very helpful advice. They will have someone with specialist American experience. Good luck op xx

In case this hasn’t been posted:

https://www.hague-mothers.org.uk/

may be of help.

It’s the most obvious route to get her into the U.S under the circumstances. Is it likely? We don’t know him, but given that he’s a U.S citizen employed in the U.S, it’s not unlikely.

All OP can do is get legal advice ASAP.

But surley she could show the proof of messages and that he said hes taking her and not bringing her back and other proof of her bring the main carer etc

Posters are getting hung up on the Canada option. Is it possible that he had his job fly them both to Canada so he could illegally get her into the country? I guess. Is it likely? I think not. I really don’t think he’s taken OP’s DD to New York.

No, it still isn’t wrong. Only one parent needs to apply for the CRBA:

There is no two-parent signature requirement for a Form FS-240 with respect to permission to issue. 7 FAM 1130 provides guidance regarding adjudication of a citizenship claim. In the case of a child involved in a custody dispute, either parent may apply for the Form FS-240 regardless of which parent has been awarded custody. In the rare event that separate applications are received from both parents, as in the case of a divorce, approve the application received first. Once the Form FS-240 has been issued, the other parent may obtain an FS-240. Direct questions about a Form FS-240 and a child custody dispute to CA/OCS/L ([email protected]).

Direct from the Department of State:
https://fam.state.gov/FAM/08FAM/08FAM050601.html

so sorry OP. This really awful.

No advice but will be thinking of you. Try to take care of yourself and stay calm - I appreciate probably an absolutely impossible task.

to add:

“United States and Canadian citizen children under age 16 arriving by land or sea from contiguous territory may also present an original or copy of his or her birth certificate (issued by the Vital Records Department in the state where he or she was born), a Consular Report of Birth Abroad, a Naturalization Certificate, or a Canadian Citizenship Card.”

www.help.cbp.gov/s/article/Article-1300?language=en_US

That’s still wrong: he couldn't have gotten a CRBA in the first place because the U.S. government strictly requires both parents to sign off on it. Unless he committed forgery or has a secret court order, there is no CRBa. he used a tourist visa/ESTA and lied at the border

Yes I’m perfectly ok. Big American firms are not likely to take kindly to an employee kidnapping their child and forcibly moving them halfway around the world. Even the hint that they might hold any liability and they are likely to take it very seriously.
They likely don’t hold any liability at present but if they fail to act and pass relevant information on to the courts then there may well be some comeback on them. But primarily it is just not a good look for them to be defending an employee who has acted illegally and may well end up facing criminal charges.

She would need a CRBA alongside her birth certificate. She could enter the U.S from Canada with those.

You need to park your anger and shock and be very practical . The advice from @DontGoChasinWaterfalls is excellent.

The only thing I might add is - does exdh have any family in UK or US you could get in touch with?

If so - can you call them and/or aend a very calmly worded message saying, “Hi, I wonder if you can help me. I had a shock on Thursdays when exdh sent me a text saying he has moved to the USA and he has taken our dd with him during her contact time. I don’t know if he means to keep dd in the USA, but legally her permanent home is in the UK with me. It would be a lot better if he returned her to me to avoid a lengthy and expensive court battle which is not in DD’s best interests. She is going to miss me terribly and I’m so very worried about her. I need to know she is okay, and how dh plans to care for her. Please, please can you try to contact exdh and help him to reconsider his actions, or at least get him to contact me so I can speak to dd and reassure her. As you can imagine I’ve been distraught and would appreciate your help.”

This is terrible.

I don’t care what anyone says, men are not equal to women in terms of parenthood.

A child is nurtured inside a woman’s body for 9 months and birthed by her, she’s had hormonal changes and a bond that a man could never comprehend. Why this not reflected in the eyes of the law, I’ll never know. A father should never take a child abroad without the mother’s consent. This is absolutely kidnapping in my eyes.

Im so sorry OP. Iv got no useful information that can help you but I hope you get this sorted asap and your daughter is okay. I cant imagine what you are both going through.

That's completely incorrect: the land border rule allowing minors to enter the U.S. from Canada with just a birth certificate strictly applies to U.S. or Canadian birth certificates, not foreign UK ones. A U.S. border agent will not let a child enter on a British birth certificate without a valid U.S. passport or a tourist visa/ESTA, meaning he still had to bypass the law to get her in

Honestly OP, why are you wasting time, REPORT IT TO THE POLICE AGAIN!!!! It’s a crime, the police have the power to put on border alerts so if they haven’t yet gone they can stop them at border control before leaving, the police can contact interpol and issue a warrant if they have gone to locate them. You can initiate an application under The Hague Convention yourself whilst you wait for your appointment with your solicitor.

I truly hope you get your DD safely home with you very soon. Does he have friends or anyone who could care for your DD whilst he works? If he does and you know them I'd fly over and see if she is with them.

I agree with this. There’s no proof they’ve actually gone. No contact at all. His company and the US embassy should be able to help figure this part out even if the police do not (but they should as well — it’s definitely abduction, just maybe international). Could he instead be hiding her in the UK? Does he have family in the US that he’d be using to help? Does OP have any family members of his who may be able to give her more info?

No, that is not automatic. There’s an increased likelihood, but it isn’t guaranteed. The secondary screening rate is about 5% of all arrivals.

A birth certificate is considered a valid travel document if entering the US from Canada. She’s also a minor. You can verify this yourself on the State Department website.

Please ignore the whack advice about going public OP. You need calm, sound legal advice. I hope this doesn't sound like a stupid question, but are you certain he's taken her? Was he definitely at the airport? Does he have family and friends who would collude with him in abducting your DD?

Oh goodness I hope its sorted out quickly. This is horrendous

@CherryMummy1

Her father is a dual US/UK citizen? Did he live in the US for at least five years with 2 of those being after the age of 14?

If he meets those qualifications then your DD is automatically a dual citizen as well.

If she's got US citizenship she was supposed to enter the US on her US passport.

Both parents have to sign the US passport application - so if he's got her a US passport he's lied on the forms.

If he used her UK passport then she's entered as a tourist under the visa waiver program illegally and he will have to try to change her status while there which is not a quick process.

As she was habitually resident in the UK and you did not give permission for her to relocate the law is on your side.

One more thing, OP. The US Embassy has a 24 hour emergency line (020 7499 9000). You should 100% call and tell them your situation. They can find out if they’ve actually entered the US or not.

I've summarised everthing mention in this thread to ask your to solicitor about in the hope it makes the meeting easier.

• Hague Convention
• Reunite
• US Embassy
• UK Embassy
• Passport control - fight times - tracking
• Consular Dept Foreign Office
• INA section 30
• ICACU

What to bring:

• copies of all text messages

• daughter's cert (or copy)
• recent photos of your daughter (even on your phone)
• recent photos of him
• employer details both in UK (previous boss & the US)

Anything you don't have handy can be provided later.

Main question:

• Am I with the right legal practice or can you recommend who specialises in international child abduction.

Ask a trusted friend or family member to go with you and bring a pen & notebook in case you want to jot anything down.

Wishing you all the luck in the world. I really hope you get the support you need to be reunited with your daughter.