Breakups & Divorce Support Group
Just broke up with someone or in the midst of a difficult divorce? Breaking up is difficult no matter what the circumstances are. They say that time heals all wounds, but sometimes a listening ear or a hug can work wonders for the heart. Whether you need a place to vent, someone to hold you to No Contact, or need advice about what to do, we're here to help.
You really should contact a U S atty. who handles family law only and see if they can give you any information. You should check with several attys. to make sure you hear the same thing.
Did you not put a clause in your divorce decree that she is not to take them out of the U S without your approval?
Also you might call the American Embassy in Colombia and see if they can give you any information. It might not be possible to do what you want.
http://travel.state.gov/abduction/resources/resources_545.html
Read the entire site and it gives you some things you can do now. But nothing is 100 percent and you have to understand that.
A regular family law attorney cannot provide you with information on Columbian law and custody disputes with parents.
Actually, it would have been worth it to pay a specialized attorney to get involved while you were in the divorce to hammer out a very specialized agreement while you were divorcing and set out specifics that would give you traction in Columbia if she took off with the children and stayed there with them. Good luck.
best of luck and continue to search for your way.
"Colombia
The Hague Abduction Convention entered into force in Colombia in 1996. According to the Convention Compliance Reports, Colombia ranks as one of the top ten destinations for the abduction of children from the United States. It has also been cited several times as a country demonstrating "patterns of noncompliance," being totally "noncompliant" and a "country of concern". In cases involving the Abduction Convention, recent legislation by the Colombian Congress has placed jurisdiction with the family courts. In remote areas of the country where there are no family courts, Hague Convention cases are heard by civil court circuit judges. While Colombian courts can recognize or enforce U.S. custody orders, they generally refuse to do so and Colombian court orders prevail over foreign court orders.[citation needed] Colombian courts favor parents of Colombian nationality and it is very rare for a court in Colombia to grant custody to a parent residing in the U.S. when there is a parent residing in Colombia.
International parental abduction is covered in the Colombian Penal Code as kidnapping, with circumstances that can increase or reduce the punishment. Colombia does not consider international parental kidnapping as an extraditable offense.
In contrast to United States requirements, a Colombian passport for a minor child can be obtained with only one parent's consent, though Colombia restricts the departure of Colombian children from the country when they are not in the company of both parents. Although this prevents misuse of a Colombian passport to abduct children from Colombia it facilitates abductions from countries like the United States who have no exit controls. If a parent wishes to prevent the issuance of a Colombian passport to their minor child, they must submit a request to the Ministerio de la Proteccion Social, Instituto Colombiano de Bienestar Familiar (ICBF). If the ICBF concurs with the parent's request, it will notify the Colombian passport office and Colombian Embassies and Consulates to place a hold on the issuance of a passport to the minor child. Parents may only submit a request through ICBF, not through a Colombian Embassy or Consulate.[34][35
http://en.wikipedia.org/wiki/International_child_abduction_in_the_United_States
I have read about Colombia and their history of non compliance which is why I need the divorce registered down there.
I do have it in the agreement that she can only take one child to Colombia at this time - I hold the passports.
That she has to help in anyway registering the divorce in Colombia. Thats all in the agreement.
I just need to find a lawyer I can trust or get the embassy to reply or go there in person (the consulant) I have been told is the place I need to go to.
My family lawyer had no idea who to contact or go about the process.
http://www.iaml.org
I am thinking to go directly to the Colombian Embassy.
http://embassy-finder.com/colombia_in_usa
Keep in mind that many require appointments and with some you don't get to just walk in (particularly with terrorism threats as they are).
Under the comments on the Columbian Embassy in Washington, there is one in what appears to be Spanish and I believe it is saying it was difficult to understand the people at the Columbian Embassy. So language may be another barrier you have.
Meaning go to an embassy or consulate to file a divorce?
Anyone out there?
Thanks
I will probably just go there and see what happens.