Can my son's mother take him out of the counrty without my permission?

Question

My son's mother is planning on take my son out of the country on vacation without my consent. Can she do that?

Answer 1

This is what I found:
If you and your husband have a good understanding of what is best for your child and you are only going out of the country for a short time, then a letter of approval would be great from your ex. It is always best to go through a lawyer and be sure because if you don't get along with your husband on the custody issues presently enacted and you do leave the country your husband has a lot of power to take you to court and gain full custody of your child. Taking a child (even your own) out of the country is considered kidnapping! It's the judge that made the decision on the custody basis and it should be the judge that gives the OK on you leaving the country with your child. You always want to protect yourself against any excuse from your ex re desertion EX: Say you had to go away to see family (emergency) and would be in another State or Country for a month or two. If you don't go through the proper process your ex could file desertion or kidnapping charges against you.
Hope it helps

Answer 2

Generally, in custody cases the papers are drawn up to prevent either parent from taking a child out of the country and sometimes the state. If yours aren't you need to file a petition with the courts to prevent her from removing your child without your permission. Airlines restrict a child from an international flight without a notarized statement of consent from both parents even if they are living together and still married. If you are on the birth certificate she would need your permission.

Answer 3

Does she have full custody?? If so - absolutely, you have no say.

Is there any reason you don't want her to take him for a vacation?? Are you afraid of them not coming back? Has she ever threatened that?

I hope you are not just being childish and selfish by saying "without my consent" because you do not OWN him - what kind of message is that sending to your son? Think!

Answer 4

I'm not absolutely sure but I don't think so I think she needs a letter granting her permission to take him. We were going to Puerto Valarta Mexico 3 years ago and we couldn't get on the plane because my sister didn't have permission from my nephews dad to leave the country. Luckily we got him to verify permission over the phone. Although when we went to Matamoros Mexico which is right across the border she crossed him over with no problem but they're usually not as strict on the border towns.

Answer 5

In thought she couldn't do that because of the Amber Alert Law.

Does the child have your last name?

Something about separated parents have to get consent from the other.

Look on the web for Amber Alert & see if you find anything useful. Or call the airlines & see if you can get a competent person to help you.

Answer 6

No she can't...you have to give permission. My friend's parents were divorced, the mom and kids went to Mexico, and the father brought up a case in court (he was a punk). She should consult with you first though, common courtesy and the law!

Answer 7

Without knowing where you are located, and local/state laws, I'd have to say "yes." Unless you specifically have it spelled out in your divorce decree, she can.

Don't let it bother you so much, unless she's taking him to a dangerous/unstable area. If that's the case, get an injunction.

Answer 8

I'm sure she can for vacation. If she has sole custody, or the two of you don't have any custody agreement at all, she can take him anywhere she wants to and forever long she wants. you should file for joint custody A.S.A.P. That's just assuming that you don't already.

Answer 9

it depends if your name is on the birth certificate
and as 2 rights u have 2 the child

Answer 10

i think they need a letter written by you giving ok to take him out of the country and it has to have the dates being gone on it