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Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3455
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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She is stating that the child suffers from seperation anxiety

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She is stating that the child suffer's from seperation anxiety and can not be without her mother or being close to her. Would you believe this is just cause for her claim?

SoloLawyer :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.

SoloLawyer :

I'm sorry to hear about your situation. Are you asking whether separation anxiety would be just cause to deny your right to take the daughter somewhere?

Customer:
SoloLawyer :

I see you tried to type something but I don't see any response.

Customer:

Yes, we were planned to leave for a vacation to my home country of Croatia today. I was served with a motion on Monday that I was not to leave the country because of the childs safety


 

Customer:
Customer:

we share 50/50 custody


 

SoloLawyer :

You were served a motion? Or an order from a Judge saying you could not leave?

Customer:

a motion

SoloLawyer :

Thank you. A motion is not a legal order, so it has no bearing on whether you may leave or not. Since you have 50/50 custody, you are perfectly capable of leaving with your daughter.

Customer:

she has stated if i leave she will report this as an abduction


 

Customer:

our divorce decree also states both parties must agree on vacations

SoloLawyer :

It does not matter what she reports it as. If you have legal custody you may go wherever you please with your daughter.

Customer:

and provide details


 

SoloLawyer :

The divorce decree is a civil issue. If your wife does not agree, then you may be in contempt of court for taking here, but that is not a criminal act and would not be an abduction.

Customer:

What exactly does that mean?


 

Customer:

is her claim of seperation anxiety a defense


 

Customer:

Our PC has also stated that our daughter does suffer for seperation anxiety


 

SoloLawyer :

I don't know what you mean by "Is her claim of separation anxiety a defense". Her motion will only be granted if the Judge finds that the child would be in danger if she was brought out of the country. I suppose it would depend on the seriousness of the medical/emotional issue, but generally, separation anxiety would not be a good reason to disallow her from going with you.

SoloLawyer :

As for contempt, it means that if you take her, you won't be punished criminally. But, your wife can file contempt (civil) charges against you because you violated the order and took the child on vacation without her approval. Most of the time contempt hearings are a slap on the wrist, but you could possibly face a fine and reprimand from the Judge.

SoloLawyer :

If I can answer anything further, let me know. Remember, I'm here to help and your satisfaction is guaranteed. If you don't have any questions and you valued my time, I'd ask you to consider rating me positively.

Take care,

Michael

Customer:

is there a reasonable amount of time this should take for the judge to hear this


 

SoloLawyer :

No. The Judge will hear it whenever his docket is free.

Customer:

Should i offer to not take the vacation, work with my daughter on her issues with her therapist and go on vacation at another time


 

Customer:

and I will guess this is not considered and emergency hearing


 

SoloLawyer :

That would probably be most convenient, considering you really aren't allowed to take her without your wife's consent.

Customer:

OK


Thank you

SoloLawyer :

No problem! I hope it works out.

Customer:

This would not be considered an emergency hearing corerct?


 

Customer:

so it could be a week or a month before it goes before the judge?


 

SoloLawyer :

Yes, it could take some time. Even emergency hearings take weeks.

Customer:

I was informed i was being served a summons today or tomorrow, will that have the court date on it

SoloLawyer :

Yes.

Customer:

thank you

SoloLawyer :

If I can answer anything further, let me know. Remember, I'm here to help and your satisfaction is guaranteed. If you don't have any questions and you valued my time, I'd ask you to consider rating me positively.

Take care,

Michael

Customer:

I will...


Thank you

Customer:
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