If I’m separated and about to be divorced with 3 kids who have both dual American and Israeli citizenship, can take them back to Israel?

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If I’m separated and about to be divorced with 3 kids who have both dual American and Israeli citizenship, can take them back to Israel?

Do I have the right to do it?

Asked on January 9, 2013 under Family Law, Michigan

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Michigan has specific provisions that many parents must comply with before they move after the entry of a custody order.  This provision, however, is not invoked until there is a custody order in place.  If there are no court orders in place which restrict your movement, then you can move to Israel, or any other location.   If there is an order in place then and you were awarded joint custody (not sole custody), then you will need to file a petition with the court to move to another jurisdiction- legally.  If you have not filed for divorce yet and you are planning to move shortly to Israel, you may want to consider filing in Israel to prevent the need from having to travel back to the states to finalize your divorce.


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