A freind of mine who lives here in Germany just recieved a message on his cell phone from his X-wife, they were never married, but she fled to the USA, Chicago today with hiis 2 sons 2 and 4 years old, to be with her new husband an American and I think a Soldier as well. It was all I could do to keep him from destroying something, I promised to do whatever I could as an American Citizen to help him... I know He really loves his children and it broke my heart to see him in such a state... Any suggestions, should he go to and american consulate, to the german government? Any special agencies? I have already told him to get a lawyer. He is affraid he will never see them again.
2006-07-12 15:05:47 · 18 answers · asked by Anonymous in Family & Relationships ➔ Other - Family & Relationships
There's not much he can do besides getting a lawyer. Good luck.
2006-07-12 15:07:20 · answer #1 · answered by heidielizabeth69 7 · 2⤊ 0⤋
I'm not sure I understand the picture here. Was your friend married or not? You say his "ex wife", then you say they were never married. Which is it? It makes a big difference! What citizenship does your friend have? That too makes a big difference as to whether the case is heard in Germany or the US.
If they were NOT married and he is a German citizen, then the children are dual citizens, esp. if they were born in Germany. That means he can file for visitation / custody with the German court and they will forward the case to Chicago.
If he's an American citizen and NOT married, and a permanent resident in Germany, then he's still entitled to file for visitation / custody in any US court.
The consulate will not be able to help you with domestic issues. You'll be wasting your time there. That's not their job.
You really have to provide more details here, esp. as to their marriage and citizenship status.
By the way, if he is a german citizen and intends to go through the US State department (assuming she kidnapped the kids), then I can tell you that it takes on average 7 years to get the kids.
If she married or remarried (which is it?), then she should be easy to track through the service.
2006-07-12 15:19:24 · answer #2 · answered by scubalady01 5 · 0⤊ 0⤋
It depends I know in the states if they were never married they would go through a child custody hearing just as if they were married but before there can be a hearing he needs to take a blood test. My brother went through the same thing but he is an american and so is she.So there is nothing left for him to do but get a lawyer and a dna test.Until he does that she can do as she pleases.But I would get him to get a lawyer in the state in which she lives.I am sorry about your friend.
2006-07-12 15:18:42 · answer #3 · answered by billieleann78 4 · 0⤊ 0⤋
he must go to German courts and say that his wife kidnapped the children and fled to the U.S.A. the US. and Germany have treaties that involve a partner fleeing with children. look into this. its some sort of international treaty concerning such an instance. he will definitely need an attorney that's understands international law. but he has to do it fast. chances are that she will remarry making her a us. citizen. and the kids to follow. and that might complicate things. i don't know much about German law but if it's like US. law they don't look too kindly on fleeing parents. good luck.
2006-07-12 15:13:42 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Has he considered moving to the US on a green card until he can get his citizenship? The friend would need to really consult a lawyer in Germany, and the lawyer could tell him what to do. I am not sure who can really give you a good answer, cause I don't know of anyone who knows the laws in Germany.
2006-07-12 15:10:38 · answer #5 · answered by Misty B 2 · 0⤊ 0⤋
Most G8 countries have laws and treaties regarding the global movement of children. If travelling with only one parent, written permission is required by the other parent and has to be presented at each departure and entry. Do the children have the fathers last name? Did the mother have court ordered custody?
If either parent has transgressed or subverted applicable laws the proper authorities need to be informed and held accountable to resolve the complaint.
Gods' speed.
2006-07-12 15:21:31 · answer #6 · answered by Anonymous · 0⤊ 0⤋
No idea about the laws in Germany, but I would think since the parents and kids are all German - if I understand it correctly - the US probably won't do anything. The German police will need to get involved.
If he has custody and visitaiton rights, I would hope he would still have to be allowed to see them.
2006-07-12 15:10:38 · answer #7 · answered by Anonymous · 0⤊ 0⤋
First thing's first...definetly get a lawyer, and then if he can, sit down and look over any legislature and/or laws there are when it comes to this sort of thing, for both Germany and the USA. Maybe he can find a loophole, and find a way, with his attorney, to get his kids back.
2006-07-12 15:10:27 · answer #8 · answered by Maico 3 · 0⤊ 0⤋
Forget it!!! She is not the "ex".....they were never married. She is married now to an American.....end of story! It is none of your business about his personal life. If he destroys something.....it is on him. No wonder she left.....he sounds violent. The only sensible thing is for him to at least talk to a lawyer but I am doubtful that anything will come of it.
2006-07-12 15:11:56 · answer #9 · answered by Anonymous · 0⤊ 0⤋
well he needs to consult a lawyer. He has a very good chance at getting custody of the kids due to the nature of her actions. If he don't get a lawyer he will never see them again.
2006-07-12 15:11:00 · answer #10 · answered by Anonymous · 0⤊ 0⤋
She can't take his kids out of the country. He needs to call the police and report them missing and let them know what happened.
Was he seeing them? Did they live with their mother? Because I think she might be able to take them, if he had sole custody. You would need to find that out.
If not he needs to contact the authorities and get a lawyer...NOW. Don't wait!
2006-07-12 15:08:57 · answer #11 · answered by Anonymous · 0⤊ 0⤋