Mother, child ordered to visit Mexico in custody case

[harvey007]

Source: KOB TV Albuquerque

An Albuquerque mother has been ordered by a local judge to travel to Mexico in a unique child custody ruling.


She fears traveling to Mexico because of the continuing violence in the country and the repeated travel warnings from the U.S. Government. She also doesn’t speak Spanish and worries about her legal rights there.

KOB wanted to speak with Judge Whitefield about her ruling but found that she's on holiday break until next week.

Padilla says she has no choice or money to appeal the order so she’s flying out Tuesday.

Read more: http://www.KOB.com/article/stories/S1900007.shtml?cat=500

[Hawkeye-X]

1. Very poor ruling. She should file an emergency interlocutory appeal

with the chief judge.

[FreakinDJ]

13. Enforcing Mutually Agreed Upon Child Custody Orders

[Hello_Kitty]

2. That's bullshit. He voluntarily left the country.

If he wants to see his child he should come to the States.

[Xithras]

15. Yes. And he should be able to leave the country with the child too.

A mothers rights are no more or less important than a fathers rights, and mother has no more right to dictate the nation of the childs residence than the father does.

Mexico is a signatory to the Hague Convention on International Child Abduction, and has been very cooperative in resolving non-custodial parental kidnappings in recent years (after years of non-compliance, they've finally started taking it seriously). If the father doesn't want return the child, the Mexican government WILL arrest him and return the child to her mother. While the mother certainly has a valid argument against being forced to visit Mexico herself, there is little valid foundation here for any attempt to prevent the father from taking the child to the nation of his residence.

[U4ikLefty]

16. Where do you see this change of heart in the Mexican gov't

I'm curious if this is not just your perception, but maybe you have recent facts that prove things have changed.

Please provide evidence.

[sarcasmo]

3. Borders? what borders?

[dkf]

4. The Father says where he is living is farther away from the violence than Albuquerue.

That would be sad.

[Kali]

5. shit, I'll go

[davidinalameda]

6. I'm sure she could find an attorney to file an appeal on her behalf

and a judge to hear an emergency motion to stay the decision

[McCamy Taylor]

7. This is the most bullshit custody ruling ever. Once in Mexico, a court will give the child to dad.

I am betting that money changed hands in the states to persuade a US judge to make this crazy ruling and a judge has already been bribed in Mexico to give the Dad custody. Courts ALWAYS side with the citizen parent. Always. So, why did her judge side with dad. Is this a judge that is trying to run on a platform of "send the Mex
icans home"?

[Hello_Kitty]

8. I was wondering the same thing. What if the Dad just refuses to let the child go home?

[Kali]

11. is dad a citizen of Mexico? doesn't really say that in the article

in fact there are a LOT of missing facts in the article - more quality journalism, as usual these days

[pam4water]

9. IF he can pay for the trip down to Mexico he can bring himself to the US. Sounds more like he

is looking for an opportunity to keep the child. That judge is an ass.

[CreekDog]

10. can a US judge order you out of the country?

outside of a deportation hearing?

[Art_from_Ark]

12. Really-- that just sounds so bizarre

[Xithras]

14. I doubt the judge actually ordered her out of the country.

It's more probable that the judge simply ordered that the child be sent to the father, and federal laws prohibits minors from travelling internationally without a parent or guardian. The father could probably come to the U.S., pick up the daughter, and return to Mexico with her to satisfy the order.