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 Samuel II Your Own Question
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
10707909
Type Your Family Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

I am married and my wife wants to take my 12yr daughter to

Customer Question

I am married and my wife wants to take my 12yr daughter to Russia without my permission. how do I get a court order to stop this?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel. Please tell me

1 - Are you still living together?
2 - Purpose for opposing the travel?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
My wife wants us to move to Russia to live. I don't think it's best for the family
Expert:  Samuel II replied 1 year ago.

Thank you.

Under the law, each parent as long as they are married has an equal right to the children. To get the court to interfere with her moving the children, you would need to prove that she is abusive or neglectful and in general just simply unfit to continue to parent.

You also could file for a legal separation and request the court grant you temporary custody of the children.

Expert:  Samuel II replied 1 year ago.

Of course, if you can secure the children's passports, then they can't go. And if they do not have passports, they can't get it without your permission and signature.

Expert:  Samuel II replied 1 year ago.

So I suggest, you try to secure the passports so she won't have them. Then you can file for a restraining order. You can get the forms to file for the RO from the clerk of the court where you live. Tell the clerk, you need to have an emergency ex parte so that the spouse cannot leave the country with the children.

Expert:  Samuel II replied 1 year ago.

Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.