2007-03-10 05:22:16 · 29 answers · asked by anniewermin 1 in Family & Relationships ➔ Marriage & Divorce
It depends on custody and which countries.
If she has full custody, I believe it's legal.
2007-03-10 05:25:00 · answer #1 · answered by FaZizzle 7 · 1⤊ 1⤋
No. In order for her to take children out of the country, she has to have a waiver signed by you thanks to our new border security policies. However, it is not fool proof and they've been forged before. What I recommend, is IF a threat has been made, file papers for placement using her threat as reason, then on the next visitation, keep the children and when she comes to retrieve them, have her served the court papers. WHen you get to court, you will be justified in keeping the children by telling the judge the wife has the means and has threatened to move them out of the country. At that point, the judge will order a temporary order so that she cannot leave the country, much less the state. If she does, she automatically becomes a felon and a warrant is issued. It also means you automatically win placement of the children when she's caught. There really is no preventative measures here hon. If a person wants to leave, they usually find a way to do it. The best thing you can do, is get things in order if you really believe she is going to do this. Then listen to the children, see if they are talking about moving anywhere, keep in contact with the school, explain the situation to them, so they have a heads up and can notify you of any odd behaviors or if they hear anything. I will caution you....PLEASE do not keep the children and go through all of this if it's just a hunch. The kids will suffer imensely and it puts them in a situation where they feel they have to choose sides. Don't do that to them . I hope you find a peaceful way to get through this.
2016-03-28 23:07:45 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Your ex wife can move anywhere she wants, but if there custody arrangements between you, they must be honoured. If she has full custody, you must see a legal adviser now to check what your rights are.
If you have joint custody, it's a different position. The family law courtmay decide it's in the children's interests to have both parents in their lives.
2007-03-10 05:29:40 · answer #3 · answered by marie m 5 · 0⤊ 1⤋
uk rules... no. even if she has residence(custody) she cannot. if you have joint parental responsibility which most parents do she needs your consent or she can apply to the court and a judge will decide on both of your behalves. if she is just going to go you need to apply for an urgent prohibited steps order to prevent her leaving the country with them.
if you go to court she has to demonstrate how it will benefit the kids and what plans she has for schooling, housing, healthcare etc...i have to say though that if she is moving to a country where she has family or because she is remarried to someone who is native o that country and her plans are well thought out she is likely but not definately, to win. good luck though
2007-03-10 05:32:05 · answer #4 · answered by slsvenus 4 · 0⤊ 1⤋
Um, I have real life experience of this, and yes she can if you do not act right now. Once she has moved you are pretty much knackered. You can get a solictor to put an injunction out on her from doing it, it then goes to court and you can argue your case, but I warn you, men are very very very unlikely to be successful in blocking the move. Sorry.
2007-03-10 05:30:58 · answer #5 · answered by CHARISMA 5 · 0⤊ 1⤋
If you two have shared custody of the kids then there is no way she could without your permission. I think it's even the same way even if all you have are visitation rights.
2007-03-10 05:34:01 · answer #6 · answered by lildiz_420 1 · 0⤊ 1⤋
That may depend on where you live. I am in Texas and my divorce papers forbid either of us from moving outside the counties we currently live in without petitioning the court. Check your divorce and custody papers to see if you have anything in writing.
2007-03-10 05:26:07 · answer #7 · answered by cinren13 4 · 1⤊ 1⤋
Go see a lawyer. In Britain you'd need to apply for a contact order, and a prohibited steps order. Assuming there's no special factors you'd probably be successful.
2007-03-10 05:51:44 · answer #8 · answered by Joe 5 · 0⤊ 1⤋
Not if there is a custody order, she will be held in contemp if she takes them out of the country and you have rights also.
2007-03-10 05:28:51 · answer #9 · answered by Denny O 4 · 0⤊ 1⤋
Physically can she? Probably.
Do you have some sort of custody agreement? That agreement
will state what she can and can't do.
However, lots of people disobey their custody agreements
and flee - thereby disobeying the law.
2007-03-10 05:26:06 · answer #10 · answered by Elana 7 · 0⤊ 1⤋