American dad kidnapped my child

By Margarette MACAULAY

Monday, January 30, 2012

Dear Mrs Macaulay,

I have a daughter who is an American citizen. She had been living with me in Jamaica. In 2010 her father came and asked if she could spend the Christmas with him there. I sent her and he hasn't sent her back and to add fire to fury he changed his telephone number so I can't contact her. She is only eight and she needs me. He keeps coming back to Jamaica and bragging about how I will never see her again. I have tried so many avenues but keep hearing, "sorry we can't do anything because she's an American citizen". Can't they do something when he comes here? He does not have custody of my child.

Wow! How did you manage to be so fooled by your child's father and fail to be truly prudent and cautious about your child?

I ask this because you say at his request, you sent her to spend Christmas and he has since refused to send her back and boasts that you will never see her again. You also say he has changed his telephone number, so that you cannot contact her.

Do you by any chance have his residential and work address? You made no mention of this in your letter.

My million dollar question is -- do you have an order granting you sole legal custody and care and control of her? Or, were you comfortable with the fact that she had been living with you here in Jamaica and so you felt that consequently, you had legal custody and not merely actual custody?

If the latter question represents what was the true circumstance, then you did not do all that you should have to secure you child's safety, welfare and best interests.

If indeed, without securing her to your care with a legal order, you just sent her off to her father in America, this was really a bit thoughtless and/or careless of you, don't you agree?

I know that you must be castigating yourself about it and suffering badly, so I will say no more except to tell you what path, in my view, is now open to you to try to get your daughter back or at least have access to her. In my opinion, you must go and make your application in America in the city or town where your child's father resides. I base my opinion on the assumption that you indeed do not have a legal order of custody, care and control.

You must go there and apply for custody, care and control of your child as quickly as possible. The more time passes, the more difficult you make your chances to get an order which will uproot her if she has really settled down in her father's house.

You must, in your supporting affidavit, include the fact that you were her sole custodial parent from birth (if this was so, or from when), and that she resided with you in Jamaica with the father having had liberal access to her. You must say how he boasts that you will never see your child again. Include also the fact that he changed his phone number. These are acts which no children's court judge will look upon favourably.

You must also include that in Jamaica she has family and extended family members who were part of her life as they assisted with her care and welfare.

You should also ask for an order to permit you to bring your child back to Jamaica where you can continue to give her the care she needs. Access to the father can also be ordered and in the circumstances they should be supervised and within Jamaica.

If the court there does not wish to uproot her and give you custody, care and control of your child in Jamaica, then you should insist on access during all her school holidays here with you in Jamaica and that her father should meet the expenses of her travel.

You can also apply for custody, care and control to the Family Court here in Jamaica and serve him with the application when he visits. However, such an order can only be implemented in America if he resides in one of the states with which Jamaica has a reciprocal agreement.

I lean toward the application in America. I know it will be expensive but he might pre-empt you by doing so there and if you want to contest it, you will have to go there anyway.

But do not wait for him to do this please, try your utmost best to go there and make the application so you can get your child.

Good luck.

Margarette May Macaulay is an attorney-at-law and a women's and children's rights advocate. Send questions via e-mail to allwoman@jamaicaobserver.com; or write to All Woman, 40-42 1/2 Beechwood Avenue, Kingston 5. Mrs Macaulay cannot give advice via e-mail.

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COMMENTS (12)

2/14/2012

Very true! Makes a change to see soemone spell it out like that. :)

Antonette W.
2/2/2012

I sense there's a missing piece to this story. Is the mother a deportee who took the child with her to JA, OR did she voluntarily move to JA with the child, possibly against the father's wishes? Of late, many school districts in the US have been demanding consent papers from the parent living abroad to ascertain that its not a kidnap situation. No one should deprive a child of seeing both parents.Parents must go about these things the proper way and leave spitefulness out of it.

Brooklyn Jamaican
2/2/2012

@Jan Watts, the lady said this, "In 2010 her father came and asked if she could spend the Christmas with him there. I sent her.."

jan watts
2/1/2012

This happen so many times ladies there is a stamp that you have to get put in the child passport once they are spending along time out of the country, second how did he get the passport for the child? he had to lie to say it was lost/ stolen in order to get a new one and also he have to get a letter stating you gave him permission to apply for the new passport so you may want to looking to that and how sign your name to it also. It can be turn around he will get in trouble for signing your name.

Brooklyn Jamaican
2/1/2012

Furthermore, children are not a prize to be won , a trophy to be displayed. As Jamaicans say as you 'quint' these children become adults. What then? As a man I could be wrong but I suspect she took the child to Jamaica against his objections and so he buttered her up and executed his play. Mek she nuh go up and fight it herself? Maybe she can't and I strongly suspect regardless of Mrs Macaulys opinions, no US court will grant her overseas custody.

Brooklyn Jamaican
2/1/2012

@KC @Ms Carol. Indeed you are correct. I do not know the circumstances and I agree with joint parenting but I cannot agree with the way the man went about it. That being said, I have always disagreed with MsMcauley. An attorney is sworn to uphold the law, so she should either be an attorney or become a womans rights campaigner. If a man wants to do it fine, but why should someone be compelled to pay for the other party to see their own child.

K C
1/31/2012

Let me rephrase my statement since my posting yesterday has been deleted:
As a female, it is my opinion that a double standard is being played out here. If the US court grants custody to this father, why should he be responsible for travel expenses for the child to visit the mother in Jamaica? If the child was granted to the mom in JA, we would here that if the man wants to see his child, he would have to buy the plane ticket. Am I wrong with this statement?

Ms. Coral
1/30/2012

Also, I have to disagree with Ms. Macaulay for what I believe is her most unreasonable position. As far as I am concerned, if this woman is successful in gaining joint custody, then she must PAY for the child's airfare when the time comes. I refuse to believe that a mother waiting ALL year to see her daughter cannot afford the cost. Then what can she afford & what would be the point of joint custody? Ms. Macaulay, remember some of us have blended families so we know when you have gone too far.

The Patriot
1/30/2012

Jackass seh di world nuh level, si a prime example yah from the woman's and children's advocate. The parent who first apply for custody care and control is likely to get the child however the US court not going to make a child leave the US just so. The woman fi pay for visits and child support/half education and medical, she is going to be a deadbeat. This happen to men everyday so time for reversal, shared parenting must be the order of the day, nobody have special claim pon pikney.

Ms. Coral
1/30/2012

With regards to a question asked earlier, I believe a child may automatically become a citizen of the U.S. if one parent is already a U.S. citizen (given certain guidelines). I do not know why parents (males & females) tend to become so unreasonable once they separate. Their unreasonableness is most apparent when there is an ocean between them. Any parent that can adequately provide for the child should be given custody; if both are capable then they should have JOINT custody.

Magar Boy
1/30/2012

I suggest this man also claim for child support from the woman. And to the goodly lawyer why is it so bad, horrible for a man to take HIS CHILD to live with him? Do women have a patent on parenting or something? The child belongs to both parents yet society would have us to beieve that only mommy can be a parent when there can be only one parent. Man hold you ground file full custody for your daughter and keep her, help her to be a decent woman in life. KMT bout kidnapp him own pickney.

Jeff Orange
1/30/2012

Hmmm.., so the mother is living in Jamaica, yet the child is an american citizen. Was the child born in the US? Is the mother a legal resident of the USA? Did she go to the US just to have a US born child? If the child was born in the USA to a mother who was NOT a legal resident, who paid for the child birth (Medicaid?)?
.
I hope the mother of this child is aware of the many legal problems she might encounter if she removed a US Citizen child from the US without the permission of the father.

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