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This forum offers parents the opportunity to voice their own experiences of international parental child abduction, and related issues, and to share useful information with others in a similar situation.

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HC return refused, but still criminally charged

by Lenna / Posted 10/12/2014 / Updated 17/12/2014

I know that this might get split views and comments, but here it goes.
I was in a 5 year relationship with a Frenchman, and we at the time of my return to my homeland ( a non eu country) from Belgium. My daughter was 3 at the time, and I was about to loose residency. I have separated several months before with the father, to whom which i was not married to. He didnīt take the news well, and tried to kill me in front of the child. Some months later knowing that i wonīt be able to stay or work in Belgium, I left with the child I tried to talk to the father, but he was simply just vindictive and non responsive in any productive way. I left in 2011 Jan. Ex applied the HC for return of the child, but after 6 moths my country refused the return, gained jurisdiction and invited the father for a custody agreement, 4 years later he is a no show. Yet, even though the HC application was refused, I am still criminally charged in Belgium, and a International arrest warrant was issued , and a trial held but I was never contacted or represented. 2013 I decided that it was about time that i went and straighten everything out, and was arrested, and jailed for 35 days. There was are-trial, and I was let off with a probation and delayed sentence. The problem is that my ex is appealing that one too, and itīs costing us our lives and all our savings are gone. I can not cope with this anymore. The court in Belgium can not ask for the child, and in any case, none of us, parents or child either have origin or wish to live there. My ex insists I am put in prison, but never asked to see or care for the child. Never. So we canīt go back, and at this point I see no way out.

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