Legal Question in Family Law in California

My Domestic Partner and I have two children ages 5 & 8. We are planning on sending them to her home country in the Philippines to live with her relatives for one school year until march of next year while we work out some differences between us. We are notarizing a letter stating that they will return no later then march of next year or when the school year is over. My legal question is, will that letter be enough to force her to return our children back home to the USA if in fact we are not able to work out our differences.


Asked on 9/13/11, 10:14 am

1 Answer from Attorneys
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

The Philippines are not covered by the Hague Convention. I would not advise sending your children there, because they may not be returned as agreed, and then you have to go fight this out in Philippine Courts. Please read:

http://travel.state.gov/abduction/country/country_514.html

Good luck!

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Answered on 9/13/11, 3:29 pm


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