Can wife take child out of country after divorce?
Can wife take child out of country after divorce?
In California, if your ex-spouse has sole custody, you can only prevent him or her from taking your child out of the country if you can prove the move will harm your child. Whether your custody order is temporary or permanent will also have an effect.
Can I go on vacation while going through a divorce?
Considering the fact that we are focusing on the issue of divorce, you can travel during a divorce for personal or business reasons. You can travel to free your mind from the stress of going through a separation from your spouse or for any other purpose. A broken heart heals over time.
When do passport issues arise in a divorce?
Passport issues frequently pop up in divorce or custody cases. Usually, if both parents are alive and have joint legal custody, both parents must consent before a minor can obtain a passport.
Can a ex partner withhold a child’s passport?
If you do not consent to the holiday your ex-partner is entitled to make an application to the Court for what is known as a specific issue order to request permission to travel. Unless there is a safeguarding concern or a risk that your ex-partner will not return with the child it is likely that such an application would be granted.
What to do if your ex withholds your passport?
If there are no orders in place or you are the one who has the order your permission must be sought. If you do not consent to the holiday your ex-partner is entitled to make an application to the Court for what is known as a specific issue order to request permission to travel.
What to do with your child’s passport after divorce?
If your child already has a passport and you have the actual issued passport after divorce, you could refuse to let your ex have it. It’s likely you’ll end up back in court, but if you have real fears about abduction, you should share them with the court and ask for protective orders preventing international travel.