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

[CherryMummy1]

Me and my DD’s (6 years old) dad have been separated for 4 years. He had DD last weekend and has taken her overseas (he had her passport) and has moved overseas (America) with her and won’t bring her back! I had no idea that he was planning to do this! He has obviously been planning it for a while as he would have had to get Visa’s and plan his move to America and so on. He texted me on Saturday morning while he had DD saying that he was at the airport and that he was moving to America for work and that he was taking DD with him and wouldn’t bring her back! He hasn’t answered any of my calls or messages since. I’m going insane worrying about my DD. I’ve been absolutely in bits since, I’m an absolute wreck and can’t stop crying and worrying about my DD and just want her home with me! I’m DD’s primary parent so can’t imagine how scared and upset she must be feeling without me! The police here in the UK won’t do anything as they are saying her dad also has parental responsibility like me so there’s nothing they can do. Social services are refusing to get involved as well. AIBU to think that the police and authorities should be doing more to get my DD home? I’m absolutely in bits and can’t stop crying over it all! I’m furious and livid with her dad too, I’m absolutely raging at him with anger for doing this

Is it with someone who specialises in cases of this kind?

Then she’d need a visa, which you also need parental consent for.

Find out where his new job is, contact his employer and tell them the situation. I’m sure they wouldn’t want to employ someone who would do this, let alone be involved in any way.

No legal advice OP but sending sympathy for this horrific situation.

Not if they flew to Canada, and entered the US from there. She wouldn’t need a passport to enter the U.S from Canada, just a certified copy of her birth certificate or CRBA.

Good luck OP, I hope it is helpful. Terrible thing for him to have done, so cruel to your dd, as well as to you.

You apply for the CRBA, passport and SSN at the same time. Both parents have to attend or submit notarised documents. This is all on the website of thd US Embassy in London.

I don't mean to be argumentative but I don't think it helps the OP to think her daughter can vanish into the US bc she has a secret US passport.

Hmmm id be going very public and loud to his company that he has essentially kidnapped a child (regardless of PR, Op is primary carer and did not consent)

I completely agree with this. I think OP is vastly underreacting honestly! She needs to be going strongly to the company and the police immediately.

You don’t have to apply for a CRBA and a passport at the same time. You get ‘just’ get a CRBA.

I don’t think she has a secret US passport. I think it’s more likely that he flew her to Canada on her British passport, then crossed the border into New York from there. A minor U.S citizen can enter the U.S from Canada with a certified copy of her birth certificate or a CRBA.

Since the WHTI and new rules under Trump, if US citizens don't have a passport or driver's license they will have to go through secondary screening, at which point it would be very surprising if they didn't ask whether the mother had given permission.
A birth certificate alone if born outside the US doesn't prove anything.

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

-all phone numbers you have for him and his family in the States (unlikely to be ised directly but can be trace)

• 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.

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.

@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.

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

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?

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.

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?

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.

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.

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

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.

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.

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.”

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