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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10275
Experience:  Experienced Family Law Attorney
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My husband and i divorced 2010 at this time we had two kids.

Customer Question

my husband and i divorced 2010 at this time we had two kids. After we get back and live together 2014 got the third baby. right now he don't want be with me he hates me and he wants to take away our kids from the United states of America to Africa with out my knowledge. how can I get help my kids to stay with me?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

I am very sorry to hear this; do the children currently have passports?

Customer: replied 1 year ago.
Expert:  LegalGems replied 1 year ago.

Since both parents have the right to travel with the children absent a court order, if a possible abduction is expected it is important to get a court order precluding this- it can also include a requirement that the parent in possession of the passport give it to the other parent (presuming the parent in possession is the flight risk) or to request that the court clerk take possession of the passport.

An alert can be placed on the passports so they will not be renewed:

Since time is of the essence in expected parental abduction cases, one can file an ex parte application requesting immediate custody of the children, along with the request re: travel restrictions on passport issues.

If we have a treaty with a country the government can help extradite the children but it is best to prevent such action by filing the ex parte request as state above.

Since time is of the essence it is best to hire an attorney immediately so that they can petition the court as it takes lay people quite a few days to get up to speed on the necessary documents/procedures.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 1 year ago.
My question is, he is going to take home forever because he doesn't like me. How can I stop him?
Expert:  LegalGems replied 1 year ago.

By filing the ex parte motion requesting custody of the children; one can also request exclusive possession of the home. Generally the court will allow this when there is evidence of emotional or physical abuse or concern about parental abduction.

Expert:  LegalGems replied 1 year ago.

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