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LawTalk
LawTalk, Lawyer
Category: Criminal Law
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Experience:  30 years legal experience
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I am American and Romanian citizen;my husband is American;I

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I am American and Romanian citizen;my husband is American;I want to take my 2 kids in a vacation to see my country, but my husband is scared I leave and take the kids there forever;they have american passports, I know the romanian law admits they are also romanian citizens;so I can`t even go for a visit in my country? how can that be kidnapping when he knows my parents and they live in the same place for 40 years? what is kidnapping and how can be proved? because just buying plane tickets and going in a plane cannot possibly be illegal
Submitted: 3 years ago.
Category: Criminal Law
Expert:  LawTalk replied 3 years ago.
Good morning,

I'm sorry to hear of your dilemma.

Unless you and your husband are in the middle of a divorce, your husband can not prevent you from taking a vacation with your children to visit Romania. Only the court can prevent that. If he fears that you plan to leave the country with the children and not return, he can ask a court to order that you not leave the country with the children. Other than that---you are free to go, so long as the children have their Passports. Because they are also Romanian citizens, you might consider getting them Romanian Passports as well, for future use.

It is not kidnapping to take the children on a vacation. Now, if you intend to never come back---that is a different story and that would be illegal for you to do at this point in time.

I wish you and your family the best this holiday season.

Thank you very much for having allowed me to assist you. Please, remember that I only receive credit for helping you when you Accept my answers. Until then your payment is simply held on deposit. Subscription customers incur no additional charges by Accepting. So, please click the ACCEPT icon. Thanks again.

Doug



Customer: replied 3 years ago.
can he stop me at the airport? he keeps threatening me that something bad will happen to me if I try to leave;we are not in the middle of a divorce;what can happen to me if I buy tickets and try to travel? he keeps me in a short lease, it is not fair;in my country a person needs legal approval from the other parent to take the kids out of the country, but in US is not like that, from what I know;I have to tell him when I leave, my parents want to see the girls;he will start screaming to stop me;what will I do? can I just go? what can he do? is not fair;he is paranoid I take the kids;he visited my parents, knows where I live there;what can he do if I go to the airport? I just want to make sure nothing will happen to me;can he call the police and tell who knows what? how can he say is kidnapping? I have my house here, my stuff here;but is not fair to not let me go visit my family and scare me
Expert:  LawTalk replied 3 years ago.
Good morning,

The police will not stop you from taking a vacation. The court can stop you from taking the children out of country---but your husband would have to show some proof that you did not intend to return. If the two of you have been discussing divorce, that would be enough for the court to tell you to keep the children here for now.

The problem is not the law---it is your controlling husband. You have the right to take a vacation.

I wish you well.

Please, remember that I only receive credit for helping you when you Accept my answer. Until then your payment is simply held by JustAnswer.com and not shared with me. So, please click the ACCEPT icon if my Answer has been informative, and helpful to your understanding of the law. Thanks again.

Doug
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27889
Experience: 30 years legal experience
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