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KimberlyLaw
KimberlyLaw, Lawyer and Real Estate Broker
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Experience:  13 years of experience practicing law.
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Hello, I am in Arizona and my ex wife and her boyfriend

Resolved Question:

Hello,

I am in Arizona and my ex wife and her boyfriend that is from England want to take my daughter (9) to the UK but I do not want to sign for a passport because of how my ex has been--- they had my daughter during spring break sleep in the same bed as her and her boyfriend when they took her to disneyland.

My ex said she is taking me to court and will have the court grant her the passport---Would the court approve this?

We share joint custody 50/50 and my daughter lives with me every other week

I am concerned about the mental aspect of taking her and not sure if they would try to physically keep her there...

Thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  KimberlyLaw replied 1 year ago.
Hello, I am happy to assist you today.

If you have 50/50 joint custody here, you have a huge say in what happens with your daughter. I certainly understand that you are concerned that they may take her to the UK and then not return.

Is there any evidence that your ex may want to take your daughter to the UK and not return? This is what the judge will ask you for. If this is just a regular trip, the court will probably be inclined to allow it unless you have some strong evidence that she is intending to not return.

Does your ex have a job in Arizona, a home, etc? If so, that may indicate to the judge that she intends to return.

There is no way to know what the judge will decide, because his or her decision will be based entirely on all of the facts involved, including those that I mentioned above. You do have a large impact on this decision because you are entitled to have your daughter live with you every other week. So if this trip infringes on that visitation, you can certainly protest. The best you can do is just present the facts to the judge and hope that the court rules in agreement with you.

Let me know if you have any questions.
Kimberly
Customer: replied 1 year ago.

Would the court listen to the past 1 1/2 years after the divorce?


 


I was married for 12 years and then on Christmas day of 2011 she told me she was having an affair--I filed for divorce immediately.


 


Moved out of the house and back into the renal property and he left his wife and moved into my old house the next day


 


2 Therapists were concerned to what my ex was doing to my daughter


 


My ex has confirmed in writing the my daughter states that she does not like her boyfriend..


 


The ex last year also left on vacation with this man over mothers day and it hurt my daughter greatly.


 


Not sure what they listen to but I have everything documented with emails.


 


Last question and thanks for your help---how long does it typically take to get a court date to listen to this type of request?

Expert:  KimberlyLaw replied 1 year ago.
You can present anything to the judge that is directly relevant to the issue of taking your child out of the country to the UK. So if anything that you mentioned is directly related and has an impact on that, then you can bring it up.

There are two ways to file the motion. One is an emergency motion called an "order to show cause" which is where you are concerned that there is an immediate problem that you need resolved. That could be heard in as little as a day or two. The other is a regular motion that could be heard in weeks or months, depending on how busy the judge is.

If you wait for her to file, which I would, then it will depend on how soon she is trying to get this passport as to which motion she will file. Either way, I would start to gather any documents and other information that you might need, so that if it is an emergency motion that you can go in before the judge right away and be ready.

Kimberly
KimberlyLaw, Lawyer and Real Estate Broker
Category: Family Law
Satisfied Customers: 3817
Experience: 13 years of experience practicing law.
KimberlyLaw and 8 other Family Law Specialists are ready to help you

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