Legal Question in Family Law in California

Can my step-mother be kept from taking my sisters to Guatemala?

My father, ex-step-mother, and sisters (14 and 12) reside in Guatemala; they are all US citizens. They have been divorced for 6 years.

Organized crime tried to kidnap my sisters in July. The maid was held against her will and managed to escape although she was injured in the process. The plot failed because my sisters' school bus was late to arrive. The US embassy says that these kidnapping groups are highly organized, dangerous, and relentless. They will not be safe in Guatemala for at least a year. Although my father is willing to help substantially with expenses, my step-mother refuses to move to the US for a year, but is coming with the girls for a few weeks. Is there a way that she can be kept from taking them back to Guatemala?

I would appreciate any information as to what steps he or I can take to try and protect my sisters. Can he file a restraining order from abroad? Do I have any rights at all as their sister? Is it not some sort of parental negligence to return children to a known threat in another country?


Asked on 8/14/07, 3:49 am

1 Answer from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: Can my step-mother be kept from taking my sisters to Guatemala?

If they are now here in the U.S., I would go to court ex parte for an order preventing your step-mother from taking them back to Guatemala. You need to consult with an attorney. There are more facts that need to be known to be sure of the direction to take.

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Answered on 8/14/07, 11:34 am


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