How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ed Johnson Your Own Question

Ed Johnson
Ed Johnson, International HR Consultant
Category: Legal
Satisfied Customers: 10760
Experience:  GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999
Type Your Legal Question Here...
Ed Johnson is online now
A new question is answered every 9 seconds

i have 2 kids in Ohio they supposed to go to Philippines ...

Customer Question

i have 2 kids in Ohio they supposed to go to Philippines for 1 month but I found out that my ex-girlfriend apply for a Phiippine passposrt for them without my knowledge becuase they want to left my kids over there for good also we have sign a paper that she will bring the kids back with her after 1 month.Do you thunk I have the case to stop her?and what offense she is facing if she did?
Submitted: 6 years ago.
Category: Legal
Expert:  Ed Johnson replied 6 years ago.

Dear romeo,

I am uncertain of how she got a passport for the children without both parent's signature. The law requires both parents to sign for the passport application.

REFERENCE: http://www.travel.state.gov/passport/get/minors/minors_834.html

For her to leave the children permanently in the Philippines without your permission is clled parental abduction intenrationally, and for the state of Nevada, interfering with the custody of a child. Even if you are the non-custodial parent, the visitation is considered a level of temporary custody,and the charge is the same. (itnerfereance with the custody or visitaion of)

I believe you have a case to stop her. You can have the child's passport revoked by submitting a complaint to the state department if the child's passport was gotton by forgery.

You can also have an attorney file a petion with the court placing an injunction on travel and the court can temporarily pull the passports.

I can not gaurantee you will have success with any of these actions.

While expressing an intention of flight or denying access to the children is frequently sufficient in many courts to have the physical custody rearranged, it is not universally true.

The court may say that until she has actually committed the act, here intentions would not necessarily be clear.

This is why, if the conditions of obtaining the passports was not followed, and she obtained the passports by forgery, or without your permission, that would be your best approach to limit travel.

ALSO, if the court order for custody included mobility rules, and she does not follow them, then she could be found guilty of contempt of court.

you and your attorney can file to attempt to get:

1. A rearrangement of custody

2. Modification to the order to deny mobility.

3. a temporary injuction and withdrawal of passport for travel outside the U.S.

4. Cause a revocatin of the passport if it was not legally issued. (both parents not having signature or by forgery)

5. Contempt of court if the mother is violating the mobility language of the custody order.

 

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.