wife wants to protect kids from abduction

            Posted on June 19, 2016 

Wife wants to protect kids from abduction.

Q. My husband is from Saudi Arabia, has a Ph.D. from MIT, and travels frequently outside the United States. During our 14-year marriage, he’s told me he owns businesses in several different countries, from Mexico to Saudi Arabia. So far, he’s always well-provided for me and our four children.

Over the past five years my husband said he was involved in several lawsuits involving millions of dollars. More recently he said, because of a threat on his life, he sold most of his U.S.-based assets to generate cash to use if we have to go into hiding. When I told him I’m not going to allow him to take me and the children into hiding, he said he’d take the kids and leave me behind.

How can I protect the children from being abducted?

A. Once your husband is served with the summons in a divorce case, he is automatically restrained from selling or changing title to assets, moving assets out of the reach of the court, etc. Without giving your husband advance notice, ask the court to issue emergency orders that tie up title to Massachusetts real estate and bank accounts.

Also ask the court to enter abduction prevention measures, starting with your being granted sole legal and physical custody of the children, plus an order that your husband be prohibited from removing the children from both Massachusetts and the United States.

Put the children’s U.S. and Saudi passports into a bank safe deposit box held only in your name. Send a copy of the court order to the U.S. Department of State asking that your children’s names be put on a no-exit list. That only works for children using U.S. passports. He can, without telling you, can get the kids new Saudi passports by claiming their prior passports were lost or stolen.

In making a “risk of abduction” decision, the court will first evaluate these six factors: 1) has your husband taken, enticed away, kept, withheld, or concealed a child? 2) Has he threatened to do so? 3) Does he lack financial reasons to stay in the USA? 4) Has he recently engaged in planning activities that could facilitate the removal of the children from the United States? 5) Is there a history of domestic violence? 6) Is there a criminal history or a history of violating court orders? Courts also typically consider: 1) Does your husband have strong familial, emotional, or cultural ties to another country? 2) Regardless of whether he’s a citizen or permanent resident here, are his ties to the United States so strong that he’d probably not break them?
Evidence of just one of these factors is often enough to support your requests for relief.

You need to have a lot more information which you can get for free by going to www.nissenbaumhickey.com and typing in the word “kidnapping”.
Taking several immediate preventive actions is the key to avoiding an abduction that could result in your never again seeing the children.