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How can i file an emergency motion to stop my children from…

Customer Question
How can i file...

How can i file an emergency motion to stop my children from being taken out of the country on the weekend?

Lawyer's Assistant: Family law varies by state. What state are you in?

Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

I am out of money.... having spent everything on 4 lawyers in the last 2 years

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes

Submitted: 4 months ago.Category: Family Law
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Customer reply replied 4 months ago
My kids have already left the state. They leave the country in a few hours (i think)
Customer reply replied 4 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 4 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 14 minutes by:
3/10/2018
Family Lawyer: Sean K, Family Law Attorney replied 4 months ago
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 866
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

Give me a few moments to look over your information.

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Family Lawyer: Sean K, Family Law Attorney replied 4 months ago

It is possible to file an emergency action in the family courts if there is a threat of harm from some potential or anticipated conduct. Here it would be the foreign travel. The question that will have to be addressed is the risk of harm as a result of, in this case, the travel. While there are many inappropriate things that occur in foreign countries and with foreign travel, millions of people travel internationally each year, many with children, many with children of divorce, with no problem.

The good news is that if there is a threat, then an emergency filing either as a petition under an existing case, or as a modification to a current order.

The procedure would be to consult the local rules for your court, draft the petition based on existing evidence, file it with the Court, and, once a hearing is set, appear at the hearing and show any proof such as text messages, police reports, affidavits of witnesses, photographs, writings, facebook or other social media posts or any other evidence. You may consider something like a temporary restraining order prohibiting the travel or even a modification of custody.

It is always good to consult with an attorney on these issues, but if this is not financially viable, then this is something you can pursue on your own.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Customer reply replied 4 months ago
My question was more about how to file during an emergency on a weekend...
Family Lawyer: Sean K, Family Law Attorney replied 4 months ago

So there is an emergency on an weekend that requires attention?

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Family Lawyer: Sean K, Family Law Attorney replied 4 months ago

Is there presently a Court order in place addressing custody and visitation?

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Category: Family Law
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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).

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