can a father stop his ex wife taking his child out of the country to live with a new boyfriend.?

Answer 1

Not really... If she has custody...

You'd need to speak to a solicitor who deals with family law...

Answer 2

Lawyer here. Yes you can, or at least slow her down a lot. a) much of what you can do depends on your custody and visitation rights. If you have joint custody and she has physical custody, you certainly can go to court and ask the judge to forbid this.

b) even if you have only visitation rights, she effectively would be cutting off your ability to exercise them by moving the child out of the US. You should immediately seek a temporary injunction against her doing this until the court can hear your motion for a permanent injunction. Have the court require her to surrender her passport to it during the pendency of your petition or motion. This way she cannnot leave.

Most custody and visitation orders, if well-drafted usually require the custodial parent to give notice to the other parent and the court if they are taking the child out of the jurisdiction. Assuming you have a decree or order granting the wife custody of some sort, does your order say that? If not, you want to ask the judge to amend the order as well...including a provision that the mother will not take the child out of the jurisdiction in the future without notifying the court (perhaps with as much as 30 days notice in advance).

c) You need a lawyer if you don't have one. Get one! Have your lawyer also check to see if there is a treaty between the US and Australia that affects the enforcement of custody/visitation orders from family courts. You may find that there is, so that if she successfully takes the child to Australia, you can track her down and get assistance from the Australian courts.

I had one client in NY who had an order saying the mother, who was Scottish, would not take the daughter out of the county without prior notice and court approval. She did anyway (she was being deported back to Britain). The father got the custody which was with the mother, reversed, then took the order from NY to England and had the English court hand over his daughter. Within a couple of weeks they were both on a plane back to NY.

The point I'm making is if there is a custody order and the court said there had to be notice she was taking the child out of the jurisdiction, to do so without notice is grounds to have custody reversed and you can bring the child back. If custody is currently by agreement and the order doesn't have such a provision, you should have the order revised now in light of the circumstance. So to recap:

1) get an attorney
2) file for a temporary injunction against the mother. Ask the court to order her to surrender her passport for the time being.
3) ask the court to permanently enjoin her from taking the child out of the jurisdiction on the basis that it affects your visitation rights or your joint custody (if you have it).
4) ask the court to revise its custody order to prevent this from happening again--get the court to put a notice provision in at the very least so that if she tries this again, you will have the opportunity to fight it before she actually accomplishes the removal of the child.
5) have your lawyer check into any applicable national treaties between US and Australia to see if they will render any help in Australia should you end up with an international custody battle on your hands.
6) Get a lawyer!

Answer 3

In some jurisdictions you can appeal to the court to stop the ex wife from taking the child out of the country. You need a good lawyer with experience in family visitation to accomplish this. You need to go to court without trying to pressure her to not do it, or your pressure may make her speed up the process of her leaving. Let the subpoena be a surprise to her, then after she gets it, she will have to show up in court or be held in contempt. IF she gets to take the child you will still probably have to continue to pay child support since the law considers child support separate from visitation. As far as child support goes, they could care less if you ever get to see your child. Good Luck

Answer 4

Yes.

We just moved to Germany and my daughter, of course, had to have a passport. My husband and I BOTH had to sign the application, BOTH of us had to show up to pick them up, BOTH of us had to stand there and take the oath, and BOTH of us had to do that with two forms of ID and her birth certificate.

If the ex-wife is leaving the country and has to have a passport for the child to leave, the father or the birth certificate HAS to give permission for the child to obtain a passport.

There is no way around this other than not having to have a passport to leave the country. I'm not sure how the border of the US and Mexico and the border of US and Canada works, though, so she might be able to go to those countries with no passport. :(

Answer 5

Under the new DHS rules, a passport application must be signed by both parents. So the answer to your question would depend upon whether or not the child already has a passport. If the father feels that the child is at risk, he should contact the local authorities.

Answer 6

Depends what country you are from.

I'm from the UK and when my dad got custody of me and bro and sis (1991), he had to get written permission from my mom for us to go on holiday abroad. I've no idea how the law stands now or its different in every case

As you were married to the mother of your children you have much more rights than the a father that wasn't married. You need to seek help from a solicitor on this really.

I really hope you can stop her, I'm sure the law will be on your side. Good luck.

Answer 7

This newborn desires self-discipline, consistency, and habitual. He desires the interest, the love a figure ought to offer to a baby. by skill of the sounds of it the mum is easily not giving this to him. it really is the position the behaviours are available in. I understand the mum does not let the daddy see the newborn if he brings her to court. yet at this aspect we are watching whats superb for the newborn interior the destiny. The extremely negleted domicile or the loving and worrying domicile. particular it will be difficult, yet custody is often an option. the daddy should be paying newborn help purely. Th favor for the newborn. so a techniques as charges, the mum ought to. She should be a touch more suitable in charge and strengthen up.

Answer 8

yes you can , get a lawyer to get an injunction to stop her then go to court because you need to prove that she will be denying you the court/divorce granted visitation rights, access to your child and that she is not going there for the betterment of herself /child. then fight for you being custodial parent good luck. there should be lawyers with in family court willing to help , lots of webbased fathers rights organizations too. and perhaps even soocial services specially when its with a boyfriend and not new husband .

Answer 9

I bought the "Text you ex back" ebook and it has been a real help through possibly the hardest time of my life. It's an intensive guide that explains hot to bring your ex back using simple text messages. This is the site where you can find the whole system http://getyourexback.toptips.org

Answer 10

It depends where you live, whether you are named on the birth certificate and how much contact you have. If you only see your child once a month or have a history of missing access visits you don't have a strong case.
You need legal advice.

Answer 11

In the United States, yes. You or your attorney needs to file a motion with the judge of the court which has jurisdiction of the divorce and custody.