Family Law Questions? Ask a Family Lawyer Online.
this happened in 2008 wherein he didn't give my son's passport and not allowed my son to go with me back home. we went to court and the judge ruled that I am allowed/have a right to bring my kids back home and in the divorce papers it stated that both parties shall cooperate and execute notarized consents or any other documents necessary to provide permission for the minor children to travel. the father knew about the trip since February and had emailed me last march that he's going to give me the passport. I also want to know if we would be able to leave on time since tomorrow the court is closed and won't be able to go till Monday. thank you
Thank you for your follow-up.The fact he did this in 2008 and is doing it again now in 2013 should be brought up to the judge. You would have no choice but to go to court early Monday morning and seek an emergency ex-parte hearing requesting that a judge provide you with an order demanding that he provide the passport to you. If he fails to do so before your trip, request that his rights to the child be transferred to you and that the court find him in contempt, which can permit the courts to fine him and potentially jail him. In this case, as the denial is particularly malicious, you can request jail time especially as this isn't a first occurrence of the same behavior as before.Good luck.
thank you sir
You are most welcome, glad to help. I do wish you the best of luck and hope this person comes to his senses in time.If satisfied with my service, please do not forget to positively rate my answers to you so I may obtain credit for my work. Thank you!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).