What is the name of your state (only U.S. law)? CA
This is for a friend of mine (and he can come and post any other queries he may have) but I wanted to make sure I did NOT give him inaccurate feedback.
Mum and Dad are naturalized US citizens with a 7 yr old son. Last July they went on a vacation to their home country and Mum refused to come back to the US with the son.
Dad filed for divorce in the US, Mum did the same in the home country.CA courts gave Mum a chance to come back with the child by Jan 2009, and when that did not happen, awarded Dad full legal and physical custody and issued a warrant for Mum's arrest. Interpol has done the same.Mum will be arrested if she leaves the home country.
In the home country, the case is being dragged our forever, could go on for years. Dad cannot return back to the home country to see the child since Mum has filed criminal charges against him.. in the home country, Dad would get arrested on the spot.
Dad wants to get Mum and the child back in the US at whatever cost, so offered Mum primarcy custody with Dad getting the standard every other weekend etc to sweeten the pot. Dad seems to think that once Mum is here, they can go back to either the sole custody that Dad was given or negotiate a 50-50 split because this arrangement (if Mum agrees to) was made under duress and the courts know this.
I disagree and told him that if they reached a court ratified agreement, he is stuck with it.. True?
This is for a friend of mine (and he can come and post any other queries he may have) but I wanted to make sure I did NOT give him inaccurate feedback.
Mum and Dad are naturalized US citizens with a 7 yr old son. Last July they went on a vacation to their home country and Mum refused to come back to the US with the son.
Dad filed for divorce in the US, Mum did the same in the home country.CA courts gave Mum a chance to come back with the child by Jan 2009, and when that did not happen, awarded Dad full legal and physical custody and issued a warrant for Mum's arrest. Interpol has done the same.Mum will be arrested if she leaves the home country.
In the home country, the case is being dragged our forever, could go on for years. Dad cannot return back to the home country to see the child since Mum has filed criminal charges against him.. in the home country, Dad would get arrested on the spot.
Dad wants to get Mum and the child back in the US at whatever cost, so offered Mum primarcy custody with Dad getting the standard every other weekend etc to sweeten the pot. Dad seems to think that once Mum is here, they can go back to either the sole custody that Dad was given or negotiate a 50-50 split because this arrangement (if Mum agrees to) was made under duress and the courts know this.
I disagree and told him that if they reached a court ratified agreement, he is stuck with it.. True?
