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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Can my Ex wife stop me from going to China to visit my In-laws,

Customer Question

Can my Ex wife stop me from going to China to visit my In-laws, even though I'm current with my child support? I only ask this because we have a modification hearing on the 19th of April, and my ex wife told the last referee that "SHE does not want me to get my passport (that I already have) because SHE thinks I will go to China and never return. It's not a case of maybe I will take the child I have with her, and never return because I don't see him, I haven't seen him since 2007, I just pay support, I'm taking my new wife (who's from China) and the child that we have together. So my question is I'm current with my child support (zero balance) How can she, or the referee stop me from traveling abroad? I have nothing pending as far as cases, and I don't have to appear for the modification hearing, I can appear by phone since I live in South Dakota, and the Hearing is in Michigan (Judge XXXXX XXXXX Adams told me that at our last hearing)

Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand your situation and concern. No, your ex wife can not stop you from traveling. If you were behind in your support, your passport could be suspended or have a hold placed on it but if you are current with your support, there should be no restriction imposed. The mere thought and false allegation but her, is certainly not enough to restrict you from going to China. She can think all she wants but her thoughts can not prevent you from traveling. You are meeting your financial obligation and free to do what you want.

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Customer: replied 1 year ago.

So even though her lawyer called my lawyer stating that's what they plan on saying to the referee, it won't be a problem because I owe nothing in back child support?

Expert:  LegalKnowledge replied 1 year ago.
Jim, thank you for the additional question. There is no way of knowing 100% what will be decided but without having any reason to restrict your ability to travel, it will be difficult for such a request to be ordered. To restrict what you can and can not do, based upon fear/concern alone, would be unjust. This is not a criminal case where the court thinks you will not return to avoid jail and takes away your passport or a situation where there is reason to believe you will never return. She is going to have to support her request with evidence, to show there is a likelihood you will never return. Think about how flooded the court would be with requests like this, if they have a likelihood to succeed. Every parent would be trying to prevent the other parent from traveling outside of the county, out of fear that they will not pay support. In addition, if she never found out that you were going to China, this would not even be an issue.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16524
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Customer: replied 1 year ago.


Right, but the Judge asked me why did I need my passport in the court room, and she was in there....

Expert:  LegalKnowledge replied 1 year ago.
As long as you provided a valid reason, there should be no problem. When you go to court, show them that you have a return ticket and that you intend to come back and are going for vacation. There is nothing wrong with the Judge inquiring about the situation but unless she can show a valid reason for concern, with evidence to support it, it is going to be hard to take away and restrict your liberty to travel.

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