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


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.  

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