Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

I signed a mediated divorce settlement last week. In it;

"either parent may apply for...
I signed a mediated divorce settlement last week. In it; "either parent may apply for a passport on behalf of the child. Both parents shall be entitled to travel internationally with the child with consent of the other parent. Consent for international travel shall not be unreasonably withheld by either parent." "Both parents shall be permanently enjoined from permanently removing the child from this Texas jurisdiction"1. Due to the souring relationship between the U.S. and the Phillipines lately, Is it "(unreasonable)" to deny travel with the child at this time, until relations between our countries get better?
2. Her home is in the southern island of Mindinao, also the home of the Abu sayaf muslim extremist group, who kidnaps and executes foreigners. Is it also "(unreasonable)" to deny her international travel with the child to this region because of this terrorism threat/risk?
3. Is it possible to insert a bond requirement of $20k before her traveling with the child, since she will be getting 60k out of our retirement account upon dissolution of our marriage?
4.What is the legal interpretation of (unreasonable)?
5. If I refuse to allow her international travel after this agreement if finalized, what are her options?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 6 minutes by:
11/14/2016
AttyHeather
AttyHeather, Lawyer
Category: Family Law
Satisfied Customers: 677
Experience: Attorney with 15 years experience
Verified

Hi! I'm Heather. I've been a practicing attorney for the last 15 years, and I'd be happy to assist you for informational and educational purposes.

Ask Your Own Family Law Question

1. Due to the souring relationship between the U.S. and the Phillipines lately, Is it "(unreasonable)" to deny travel with the child at this time, until relations between our countries get better?

This is going to have to be a judgment call. Since you did not define specific situations in the decree that would be unreasonable, what is reasonable to one person may be unreasonable to another. You will have to convince the judge that if the child goes to this place, it will be a risk to the child's safety, and if the judge is convinced of this, the judge will probably agree with you.
2. Her home is in the southern island of Mindinao, also the home of the Abu sayaf muslim extremist group, who kidnaps and executes foreigners. Is it also "(unreasonable)" to deny her international travel with the child to this region because of this terrorism threat/risk?

Same answer as to question 1.
3. Is it possible to insert a bond requirement of $20k before her traveling with the child, since she will be getting 60k out of our retirement account upon dissolution of our marriage? I do not think that is reasonable. Especially when it was not a provision in the agreement.
4.What is the legal interpretation of (unreasonable)? Usually someone is acting unreasonably if their actions are not based in sound judgment, not fair, not sensible. Different people can differ as to what is reasonable or what is unreasonable. Someone acting reasonably would not act in an arbitrary or capricious way.
5. If I refuse to allow her international travel after this agreement if finalized, what are her options?

If she believes you have acted unreasonably, she can file a motion for order to show cause to have you found in contempt of court, and have the court enforce the decree by requiring your consent. She could also file a motion to clarify the decree to have the judge better define what is meant by unreasonable, or have the judge tell her whether her request is unreasonable. If the judge agrees with her that you have acted unreasonable, that may be a substantial and material change in circumstances that could justify granting her legal custody or could warrant changing the requirement that she obtain your consent, but again, she'd have to convince the judge that you unreasonably withheld your consent, which I do not believe the judge would certainly do, if you showed the court that the child's safety would by put at risk by going to these volatile countries.

Does that help?

Ask Your Own Family Law Question
Customer reply replied 1 year ago
Well we have signed the mediated agreement and it is binding and nonrevocable. But the judge hasn't signed it yet, The final hearing isn't until dec 15th, so Is there anyway to address these topics in that hearing?My ex has no ties to the usa, she is a greencard holder, has her own cleaning business she does the work herself, she has no assets as far as business wise, she rents her aptment. Now she is receiving 60k from our retirement account, she can live a long time on that amount in her country, She is already asking me to sign her authorization for our sons passport, and the Judge hasn't even signed it into final form yet. any pointers?

I think that if you can strongly present your case, that you are aware of the violence and risk of going to these countries, then you have at least a pretty good argument to withhold your consent to the passport. Just make sure that you document that it is your understanding that these places are violent, and that taking the child to these countries will put the child unreasonably at risk. Maybe you can also get her to admit via email of the danger going on in those countries, and if she admits that they are dangerous in email, then you can use that later against her to show the judge that she even admitted that the places were dangerous. If she doesn't like your decision to withhold consent, then it is up to her to file something asking for relief - that is not really up to you. She can either accept that you are withholding your consent and not go, or she can file something with the court claiming that you are unreasonably withholding your consent, and then you can show the court why withholding consent is the reasonable and proper thing to do when considering the best interests of the child.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
Well that's a problem, because she refuses to give me any email address and she withholds any contact info with her family in the Philippines. She does not want me to be in communication with them. She has removed her facebook account and changed her name on the facebook, so there is no way to find her. She has deleted her email accounts also. Perfect preparation to run off in the Philippines with our son. What ya say?

Can you send a text?

Yes, this is classic.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
she lives in Mindanao. here is the info I found in a google search: https://travel.state.gov/content/passports/en/alertswarnings/philippines-travel-warning.html

Could you please provide a positive rating for my assistance?

AttyHeather
AttyHeather, Lawyer
Category: Family Law
Satisfied Customers: 677
Experience: Attorney with 15 years experience
Verified
AttyHeather and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask AttyHeather Your Own Question
AttyHeather
AttyHeather
AttyHeather, Lawyer
Category: Family Law
Satisfied Customers: 677
677 Satisfied Customers
Experience: Attorney with 15 years experience

AttyHeather is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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:

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.

LeeMichigan

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Can a confidential marriage license be found by the county
please. Can a confidential marriage license be found by the county recorder if officially requested? … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
Kentucky petition for dissolution of marriage without
Kentucky petition for dissolution of marriage without children self help forms. Is it necessary to fill out this entire packet if all has been agreed to?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If a business came into marriage is it part of the divorce
If a business came into marriage is it part of the divorce ownership n name never changed at marriage … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Are 2 witnesses required for a marriage to be valid in
Are 2 witnesses required for a marriage to be valid in Florida? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
Got a question in regards to infidelity in a marriage, can
Got a question in regards ***** ***** in a marriage, can you help me? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Are the terms of an overseas marriage recognized in the us?
Are the terms of an overseas marriage recognized in the us? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
Gm does dissolution with minor children where no marriage is
Gm does dissolution with minor children where no marriage is involved with the mother or father mean that the mother is divorce from her minor children … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
If a marriage for registered in North Carolina, can I fall
if a marriage for registered in North Carolina, can I fall for a legal separation in California? … read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
I live in Florida. A marriage lIcense not returned, ceremony
I live in Florida. A marriage lIcense not returned, ceremony was performed out of the country; therefore, Bureau indicates I am not legally married. They will cancel the license and allow me to apply … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
Is it possible to acquire a second marriage license from
Is it possible to acquire a second marriage license from Pennsylvania? I've already been married in Maryland for a few years and filed my taxes as such. If I for some reason I needed a marriage certif… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Question about a marriage certificate and the timing. I am
Question about a marriage certificate and the timing. I am deployed I have been for going on 11 months I return to Wisconsin January 10, and to my new duty station January 20th. I am active duty Army,… read more
KJL LAW
KJL LAW
Juris Doctorate
1,754 satisfied customers
House is held in Trust before during and at end of marriage,
House is held in Trust before during and at end of marriage, what rights do i have against a trust … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I wanted to know if the Dissolution of marriage granted my
I wanted to know if the Dissolution of marriage granted my ex furniture and it was finalized 11/21/17 and he had 7 days from the date to get it and it's the 8th day, fo I have to allow him to still ge… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My husband has children from a previous marriage. Are they
my husband has children from a previous marriage. Are they entitled to anything of his before he married me? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
What are the requirements for a common law marriage in
What are the requirements for a common law marriage in Illinois? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was in marriage that was voided do to bigamy it was not
I was in marriage that was voided do to bigamy it was not intential my prior marriage over lapsed by one week causing the following marriage to be voided. I recently had an annulment to fix the issue … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,182 satisfied customers
I have a question about a marriage application and name
Hi, I have a question about a marriage application and name change … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
A marriage license in FL was applied for on October 4 with a
A marriage license in FL was applied for on October 4 with a 3 day wait period required. It was returned on October 11, dated October 6, crossed out by notary and changed to October 7 to meet the 3 da… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,244 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x