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Is it too late?

by Jordan Kieran / Posted 11/10/2008 / Updated 17/03/2009

My wife took our 1 year old daughter from our home in the US to England 3 years ago. Is it too late now to file under the hague convention?

Responses

From Phil / Posted: 15/10/2008
Not sure if itīs too late I expect it is for a return ,however you should file for access.
From Jordan Kieran / Posted: 24/10/2008
My wife hasn´t stopped me contacting my daughter but I admit that I havenīt called in six months. If I start contact again is there any chance I could get custody?
From david / Posted: 27/10/2008
I do not know all the circumstances of your case, however how can you possibly think that the Courts will grant you custody if you cannot even keep in contact with your daughter? The Courts generally rule on the best interests of the child. Your lack of contact is not helping your case at all. As you have taken no action for 3 years, there is no automatic return under the Hague Convention, you would need very strong grounds to convince any court to remove a child from what is effectively a īsettledī environment. At best you should be able to obtain an access order under the Hague Convention. The Central Authority should be able to lodge an application on your behalf.
From MM / Posted: 17/03/2009
Jordan, it depends on a few factors. Did you know where your child was for the three years that she has been in England? Did you give her permission to go (and stay) there? If you didn´t know where she was then it should not matter. It takes time to locate a parent who does not want to be found. In that case the location order may still be served on her.If you knew where she was and tried to bring her back and you allowed three years to elapse then you may not be able to file through the Hague. Why not call the authorities there and let them advise you about your options.
From MM / Posted: 17/03/2009
Why havenīt you called in six months? You had better be able to prove to the court that you have a good reason/s to have not contacted your daughter in six months. You still have the right to fight for visitation with her, but I doubt that the court will grant you custody, unless the mother is unfit. Then you may be considered but there still is not guarantee that you will get more than visitation.

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