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Can my ex take the children to a foreign country without my permission?
Anonymous2 views3 answers
My ex is planning to take our children (9 and 10 years old) on a cruise next year. She has physical custody, but shares legal custody with me. She told me over email that the children would not leave the boat or enter any foreign country. However, the children are saying that their mother is planning on taking them ashore in the Bahamas (Nassau and Paradise Island), and that she has already gotten them passports. Can she legally take the children to a foreign country without my permission? What recourse do I have if she does this?
First, review the terms of our divorce agreement and see what provisions, if any, relate to travel outside of the commonwealth. If you have concerns or if you believe your children are in danger you can work with a family law / divorce attorney to file a protective order or other court filings to prevent her from removing the children. Most attorney's offer a free consultation. I suggest that you speak with an attorney for 30 mintues or so as this may help put a lot of your fears to rest.
I wish you all the best.
Todd Allen DavidsonFamily Law AttorneyPlainville, MA ·
When applying for a passport, the childrens' birth certificates need to be presented to the issuing agent and the mother and father listed on the certificates BOTH need to provide permission and copies of their driver's licenses. If you are listed on the birth certificates and have not provided permission, then your ex cannot obtain a passport without otherwise obtaining a court order. If you have previously provided permission, then what is the issue now? If your ex has filed an action with the court, then you should be served, which will put you on notice.
Generally a Separation Agreement does not have a provision that would require you to provide permission for a passport, but if your agreement states that you need to, then you could be found in contempt for not providing such permission.
Basically, to answer your question, you can make it difficult for your ex to take the children to a foreign country, but what is your concern? Is your ex a flight risk? Is another person going with your ex that causes you any reasonable concerns or are you jealous?
Whatever the reason for your resistance to your ex's trip, you should make sure that the reason is based on the "best interests" of your children and not merely a way to get back at your ex because your relationship with your ex is strained.
I agree that you should check the language of the separation agreement first. In addition, a passport will require that both parents sign forms. You should consult with a qualified family law attorney to give you guidance with strategy.
