Don't Do It

Whatever Borghildur Guðmundsdóttir does, she should not return with the children to the United States.  If her former husband has joint custody of the children than the US law requires that the children stay in the US and cannot be taken out of the country without the approval of both parents.  Also, if her former husband did not give written permission to Borghildur to leave the US with the children than she could also be facing criminal charges for child abduction.  Even if she is never formally charged with a crime, the fact that she left the country with the children could be grounds for the removal of her custodial rights. 

There is nothing to gain in following the High Court's orders, and possibly she could lose both children.  I agree with Axel  http://axelthor.blog.is/blog/axelthor/entry/928601/ that she should retain legal council with respect to Article 66 of the Icelandic Constitution. I would even go as far as to seek intervention in the matter by the Icelandic President using Articles 29 and 30. The latter is a long shot but every legal avenue should be exhausted.  I wonder if Iceland even has the instruments in place to force such and order from the Court.

I highly recommend that Borghildur do everything she can to stay here with her children in Iceland. To return to the US with them is far too risky for her now.

GTB

 

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Athugasemdir

[Jakobína Ingunn Ólafsdóttir, 11.8.2009 kl. 01:06]

Than you for your kind advice to Borghildur. I hope she will receive it.

[Gregg Thomas Batson, 11.8.2009 kl. 01:18]

Jakobína,

I hope she reads this too.  I have experience with the US law regarding custody between a citizen and a non-citizen.  Without saying more, she is really in grave danger of losing her custodial rights.  I acknowledge that the father has rights also, but what is done is done and for Borghildur it can only get worse by facing a US court on the matter.

GTB