If my ex-husband now has a girlfriend living in Canada and wants to take our 2 daughters there for a visit, can he legally do this?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my ex-husband now has a girlfriend living in Canada and wants to take our 2 daughters there for a visit, can he legally do this?
We were divorced in one state but the kids and I now live in another and my ex lives in a third state. I have residential custody and he only sees them about 3-4 times per year totally 6-8 weeks. We have no clause in our divorce decree stating anything about international travel. In fact, all our decree says is that both parents will come up with visitation schedules together. There is nothing set by the courts. To my knowledge, my daughters do not have passports. In fact, he doesn’t even have their birth certificates. Is there any way I can keep him from taking them across international borders?
Asked on July 5, 2012 under Family Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
There has to be a valid reason why he should not be able to take them out of the country - this would include any reason regarding the child's safety, health or welfare and/or if you feel that he would go with out an intent to return. If that is the case then you need to go to court on an emergency basis via an Ex Parte Order to Show Cause. I would discuss this with your attorney. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.