Court holding my passport, because I divorce my American Husband?
I need an advice what should I do ? I am in divorce process with my American husband due to domestic violent, we have one daughter. we put our daughter in my country with my parents on February the 2009, I think that the best decision I make for her at least she is safe. I am Indonesian an a green-card holder. This divorce really stressing me because my husband make everything so hard on me. He accusing me kidnapping our daughter ? which he the one that agree for me to put her in Indonesia so I can work and put all the money I make to his account so he can buy his TOYS (car, motorcycle, video games etc ), if I am not working he said that I owe him money for rent coz I life with him and grocery money coz i eat his food. I am his wife ? The divorce judge decided to holding my Indonesian passport, so my husband can go to my country and bring our daughter. because he want to be the primary care for her, which he don't even care for his 5 daughter with his ex wife ???? The reason why Judge holding my passport is because she concern that I will run away back to my country, and never come back with my daughter. The problem is I need my passport back because I have to report my self to my Indonesian embassy and renew my passport. To be able to process all that the Indonesia embassy want my original passport. I call my lawyer and asked him if I can get my passport back ? my lawyer said I can't get it back because the Judge worried that I will run away ??? Is it Legal for Court holding my passport ? I am not a Criminal ? I am the victim of Domestic Violence ? Until now there is no action that my husband will make passport and go to my country ? I know all he want to do is get me disported. He is mad that he can't using me as his gold digger ! He don't care about me or his daughter ... ! it's been 1 and half year i didn't see my daughter ! I missed her so much, but I want to fight for my Right. I don't want just give-up !!! Please Help me .... ???? did anybody know a good attorney in Chattanooga-TN that will fight for my right ? After I get everything write in the paper that I'll be the Primary care of my daughter I will bring her back to US. He don't have to pay any child support, because I'll work and be able to taking care of her and my self. I don't want my husband in my life or my baby life ! enough my burden !. Please
Embassies & Consulates - 5 Answers
Random Answers, Critics, Comments, Opinions :
1 :
Assuming you are genuine...hmmmm...that's assuming a lot already... BEST RECOURSE Immediately contact the Embassy of Indonesia or the nearest Consulate, and describe your predicament in detail. It's possible/probable that they will help you. This is not the best forum for this type of question.
2 :
Yes it was legal for the Judge to take your passport away for kidnapping. You alone cannot make the decision to take your daughter out of the US, even if you have custody. If you are victim of domestic abuse ? File charges against him. I doubt you will get another passport even if you did ? you will probably not be able to leave the US. If you no longer want to be with him file for a divorce. Kidnapping a child is a criminal action.
3 :
I agree with Bog. Contact your embassy or consulate for help. This involves many different types of law, so the Indonesian authorities can help you find the right attorney. Best of luck to you.
4 :
Did you get your daughter an Indonesian passport, and did she enter Indonesia on an Indonesian passport as Indonesian citizen, child of Indonesian citizen? If Indonesian citizen residing in Indonesia, your attorney might be able to argue against US jurisdiction. Or did she enter as US citizen with an Indonesian visa? If she had US passport, her father had to sign his consent to that, which might be the basis for defense against "kidnapping" charge, since he gave his signed authorization for her passport & travel. It's a pity you returned to the US. You should have remained in Indonesia yourself and given up the green card. Foreign victims of domestic violence are ONLY safe by leaving the country & returning to their own country. Once domestic violence charges are filed, the abusers have a tough time getting visas anywhere, as well as being disinclined to chase interenationally after their victims - they find someone else who's an easier & more proximate victim, if anything. However, abusers find it easy to stalk, harass, etc, a victim who remains (or tries to) in the US. Your safest move was to get out of the US & stay out. Now see if your nearest Indonesian consulate can issue a replacement passport or travel document to get you back to your own country. Otherwise, you have to hire a divorce attorney who will fight custody - a very long and costly battle, and you could end up dead. This guy wants to get you - bad! And you fouled up by failing to file domestic violence charges against him, then file for divorce + custody, then get you & daughter (on her Indonesian passport) out of US permanently.
5 :
The child should not have left the US. As for the court, it has absolute power in the US. You may find another judge in another court who will overrule the judges decision but this is not likely. From where I sit it looks like you and your husband were never sincere with your visa application. I hope I am wrong for every bodies sake.
