QUESTION
If I get a divorce from my wife can she take and live with our kids out of country without my permission?
Asked on Jan 10th, 2012 on Child Custody - California
More details to this question:
My wife and I have been talking about getting a divorce. She has threatened me that if we do, she will leave with the kids to her native country of Mexico. Both kids, I am the biological father.
10 ANSWERS
Steven D. Dunnings
Technically, to make such a move, she would need to petition the court to get an order allowing her to make such a move. She could do so without getting a court order, but if there is no order granting permission, she is subject to discipline by the court.
Answered on Jan 25th, 2012 at 9:45 AM
Dave Hawkins
To prevent this, I would go ahead and file for divorce and get some restraining orders in place preventing her from leaving the State until the divorce is finalaized. Mexico is the destination country of the greatest number of children abducted from the United States by a parent. A party to the Hague Convention on the Civil Aspects of International Child Abduction since 1991, Mexico was found to be not compliant with the Convention in the Department of States 2009 compliance report, though compliance improved in 2010. In short, if the kids have passports and enter Mexico, you probably will not see them again. Please hire an attorney and get some orders in place. The court is authorized to hold the kids passports until the time of trial.
Answered on Jan 25th, 2012 at 8:47 AM
Family Law Attorney serving Santa Ana, CA
at
Law Office of Rhonda Ellifritz
Update Your Profile
You will need to file an ex parte (with an attorney) to obtain an order to prevent her from taking the children.
Answered on Jan 25th, 2012 at 8:42 AM
Accidents Attorney serving Blue Springs, MO
at
Blue Springs Law Office LLC
Update Your Profile
If your history has been one of love and involvement with your children, and you object to your wife's desire to remove your children from the United States, it is extremely unlikely that she will be able to convince the Court that such a move would be in the children's best interests.
Answered on Jan 25th, 2012 at 8:41 AM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
She probably will not be permitted to remove the children from the US without approval from you or the judge, but that is a decision that has to be decided during the divorce. However, until the divorce case is started, she may be able to successfully remove the children from the US and it will be very difficult and expensive to try and get them returned. So, to protect against her threats you should consult a lawyer immediately and get a divorce case started. Once the case starts in Colorado , both of you are prohibited from removing the children until the case is fully decided.
Answered on Jan 24th, 2012 at 7:21 PM
Family Law Attorney serving Fountain Valley, CA
at
Law Office of Edwin Fahlen
Update Your Profile
You should be wise here and immediately file a divorce case, and obtain a restraining order from removing the children out of the Sate of California, or perhaps the county you live in. As long as you fail to take this precaution, there is nothing stopping your wife from fleeing the country, and if she does you may never see the children again. This happens all the time. When you are dealing with children, competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life
Answered on Jan 24th, 2012 at 5:29 PM
Divorce Attorney serving Little Rock, AR
at
Law Office of Kathryn L. Hudson
Update Your Profile
If divorce is inevitable you should retain an attorney and file yourself as soon as possible so you can seek custody as well as obtain a court order forbidding her to leave the country with the children. There are International laws to protect one parent from the other abducting the child(ren) but once the child leaves the country it can be very expensive and difficult to them back.
Answered on Jan 24th, 2012 at 4:51 PM
Business/ Commercial Attorney serving Seattle, WA
at
Wolfstone, Panchot & Bloch, P.S., Inc.
Update Your Profile
If you file a petition for Dissolution of Marriage, also request an immediate restraining order prohibiting her from removing the children from the state. Also, take possession of the passports for the children and place them in a safe deposit box.
Answered on Jan 24th, 2012 at 4:12 PM
Mediation Attorney serving Bloomfield, NJ
at
Cassandra T. Savoy, PC
Update Your Profile
No. I do not have enough information to fully respond to your question. However, to remove NJ residents who are minors from the jurisdiction requires either permission of the other spouse or a court order.
Answered on Jan 24th, 2012 at 4:09 PM
1 Award
In a word, No. But you will certainly need to make the argument to the court that you are worried about this. On the UCCJEA form you can tell the Court that you are worried (and she has threatened)that she will take the kids out of the country. I am assuming the kids are American citizens (although the question does not hinge on that). She would have to get a move away order from the court to allow her to move out of the country. This one is a very good idea to press forward on with the Court to make sure that she is not allowed to move to Mexico without your permission and to absolutely let the court know that you do not give your approval and that you are worried that she will do so.
Answered on Jan 24th, 2012 at 3:21 PM