Legal Question in Family Law in California
Custody, and abduction order
My spouse and I are separated. I am a Filipino-American who has gone back to the Philippines and plan to reside there permanently. My ex and I have two boys, 10 and 5. My younger son stays with me in the Philippines while the older one stays with his mom in California. My ex recently went back to the Philippines and planned to take custody of our younger son. She already also have filed for divorce in California and petitioned the California courts to have custody of both our sons plus support, alimony and an abduction order against me. I didn't know about this case against me at all. I only learned about it when she tried to use it against me to get custody of our younger son. However, since I already have an annulment of marriage petition together with the request to get custody of our two sons pending in the Philippine courts, she was unable to have custody of our younger son. Since it would take some time for my petition to be resolved, she agreed on an amicable settlement. Nevertheless, before I could get back custody of our younger son, she took our younger son back to California. Now, she is hiding their whereabouts. How can I get custody of my younger son? Is the amicable settlement we agreed on in the Philippines binding?
1 Answer from Attorneys
Re: Custody, and abduction order
You have a difficult case with difficult issues. If you have a valid judgment in the Philippines, then the California Courts can recognize that judgment. Talk to an attorney in the Philippines who is familiar with the Hague Convention, which deals with international child stealing. If he cannot help you then you will need to retain an attorney in California to enlist the District Attorney to find and return your son. Good Luck, Pat McCrary
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