This is not bubhub related but I'm hoping to get others opinions as this is really bugging me.
Long story short DH has three sisters all in their teens. His parents are separated and the kids although have a stressful life do well at school and never get in trouble, so about two years ago we asked both parents if it would be ok if we took the girls to America for a holiday. Both said yes. We saved up for 2 yrs and so did the girls. 6 months ago we scored cheapy flights so we booked.
ever since MIL has been a royal pain in the bum. She refused to pay for the kids passports, not only that but even taking them to lodge or filling out any paperwork, thankfully FIL has been helpful. We've since had a huge falling out with MIL to the point that no one is talking to her. The kids are not impressed by her behaviour either (she's unstable and prone to anger) anyway she's been yelling left and right that she'll stop them going, she even yelled this to me as I went to get her signature for the paperwork (tho she signed) DH doesn't think she'll go that far, my concer is what if she tells authorities we're kidnapping the kids!? I can just see DH and myself getting arrested I also have an 8month old with me... What if they take her? Even while they clear it all up... I couldn't deal and would seriously have a breakdown...
So my question is can she really do anything? And what? How?
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08-10-2012 16:44 #1
08-10-2012 16:58 #2
Sorry I have nothing to add but just wishing u luck n hope u get it sorted x
08-10-2012 17:17 #3-
- Join Date
- Jan 2011
Can't help with his sisters, but just wanted to say your doing a lovely thing taking them. Hopefully MIL will come around with signing the passports.
Take your DD's birth certificate along with you in worst case scenario you have to prove that you and DH are her parents.
How old are the girls? Over 16 there shouldn't be any dramas.
The Following User Says Thank You to wannawannabe For This Useful Post:
Green Cheese (09-10-2012)
08-10-2012 17:45 #4
MIL signed the paperwork... tho she's still threatening to stop us. The girls are 17,16 and 14.
Good idea on the birth certificate :-) I will!
I guess I'm just a little scared she might actually do something idiotic like this... I really don't know what her problem is (we even invited her to come along) we're paying for EVERYTHING the girls had to save their own pocket money she's not going to spend a cent and to this day the most effort she's had to do about it is sign and date 3 sets of application... I even filled them out!!! Argh I'm ranting now
08-10-2012 18:52 #5-
- Join Date
- Jan 2011
I don't believe she can stop the 17 year old and the 16 year old (Just going off the Italian sisters story in the news and they said the Hague Convention ruling on kidnapping stops applying once the girls are 16).
Has she threatened how she is going to stop you? Report to Australian immigration or something? No idea if this would help or anything, but I would make sure you documentation of everything handy at immigration (return flight back to Australia, travel itinerary, hotel and car rental bookings) in the hope that could prove that its obviously a holiday and you are going to return to Australia......
I would get FIL to write and sign a letter stating that he (at least) gives permission for yourself and DH to take the 3 girls on a holiday to America - use full names, specific dates etc to show parental consent from at least one of the parents.
Everything I googled regarding the Airport Watch list for the Australian Federal Police related to the divorced parent taking the child out of the country - not someone else.
Here's the link.
They say they don't give legal advice, but perhaps you could call at least ask?
Seeing as FIL is on board, perhaps also DH and FIL make an appointment to the family lawyer that FIL used in divorce procedings when he separated from MIL. The lawyer may also be able to provide legal advice.
Such a horrible situation for you
Edit: Read through a little bit on another website
"When the Court considers an Application to stop a child leaving the country there will be many factors to take into account, e.g. is the country a Hague Convention country, what period of time is the travelling parent intending to go for and what is their reason for going? Depending on these circumstances, the Court can oppose the travel or, allow it"
So it sounds like she the court would have to consider her request to block travel and since your going for a short period of time (a few weeks), its clearly a holiday and neither of you are actually the girls parents, hopefully they would have no reason to approve her request.
08-10-2012 20:38 #6Senior Member
- Join Date
- Jul 2010
You will be fine.
Worst case, is they will stop the 14 year old leaving. But then, more then likely a phone call to the Mother or Father would turn into permission as they will be informed the 16 and 17 year old can still go.
Since FIL is on board AND MIL signed the forms for their passports, you have more then enough to state you had complied consent (or something like that).
Try not to worry too much about when you get to the airport. As I said, the very worst case will be the 14 year old can't go. But then I bet MIL will relent as the other girls are legally able to leave the country.
09-10-2012 09:45 #7
Thank you all!
Wannawannabe - thank you! that's a lot of into!
I will take all documents and get FIL to give us a consent letter, and perhaps take us to airport and stick around just in case. I feel better about it today where I think she must know this would upset her daughters so much they might never forgive her... I'm just so sick of her behaviour! she thinks she can do whatever she wants without thinking about others or the consequences
09-10-2012 11:47 #8Senior Member
- Join Date
- Feb 2009
Why doesn't she want them to go? I'm a bit confused.
09-10-2012 11:58 #9
tell her a bogus date and fly out a week earlier
09-10-2012 12:13 #10
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