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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I am allowed to take my kids to another country per my divorce

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I am allowed to take my kids to another country per my divorce proceedings but my ex husband wouldn't give me my son's passport. we are to leave on july 9. I have taken the kids back home 2 times already after my divorce. he said that he had a lawyer. went to friend of the court and worker stated that per my divorce papers my ex husband is to give cooperation upon returning my son's passport 72 hours before departure, please advice
Thank you for your question. Please permit me to assist you with your concerns.

Hav you formally filed for a motion in front of the court to compel him to provide you with the passport?
Customer: replied 4 years ago.

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.

Dimitry K., Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

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.

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