Divorce, custody and child traveing abroad

[Jan345 0]

Hello,

Can anyone point me in the right direction? (I am a US citizen now, originally a K-1 visa holder, and my spouse was born a US Citizen. We have a child born in the US. In case of our divorce, I am sure my ex-spouse will not allow our child to travel abroad and visit my family (child's grandparents). He will not sign the application for a passport and will not sign a parental consent to travel. Does anyone know whether legally there are any ways to oppose this in court?

Thanks.

[EandH0904 1,184]

Why are you thinking about divorce now if you are still married? Get a passport now while married if it's an issue to you and if you get divorced later have this be an issue your lawyer discusses in court along with custody, child support, etc. 

[Ontarkie 14,383]

Getting permission from the courts to remove a child from the US even for just vacation varies greatly.  A lot will depend on the country involved, and whether you can satisfy the court you will not keep the child away.

 

The easiest way would be for the father to consent.

 

Just a note because the poster above mentioned getting a passport before divorce. If you got a passport prior to divorce it is not hard for the father to flag the child's passport and they would not let you through with your child.

 

Not an easy fight but with the right lawyer and right reasons and proof it is possible. 

[skinnyfrosh 0]

3 hours ago, Jan345 said:

Hello,

Can anyone point me in the right direction? (I am a US citizen now, originally a K-1 visa holder, and my spouse was born a US Citizen. We have a child born in the US. In case of our divorce, I am sure my ex-spouse will not allow our child to travel abroad and visit my family (child's grandparents). He will not sign the application for a passport and will not sign a parental consent to travel. Does anyone know whether legally there are any ways to oppose this in court?

Thanks.

There's no way out he has to agree with you on this and write letter of consent to your passport office with his passport photo afix and also sign letter of consent for travel without this the kid is not going no where 

[Jojo92122 1,924]

You can not go to court to force the father to sign the passport application or consent for travel.  No court will issue such an order.  It's not so easy to ignore parental rights.

[Jan345 0]

What about the Ne Exeat bond?

[Jojo92122 1,924]

2 minutes ago, Jan345 said:

What about the Ne Exeat bond?

Ne Exeat will not allow you to take the child outside the US without the father's permission.

 

Ne Exeat is not what you think it is.  It's about keeping someone in the court's jurisdiction and not allowing that person to leave.  It wold be used against you to prevent you from taking the child outside the court's jurisdiction.  It's about keeping someone in.  It's not about letting someone out.

[Jojo92122 1,924]

You have got to stop this.

 

YOU NEED THE FATHER'S PERMISSION FOR A US PASSPORT AND CONSENT FOR HIS CHILD TO TRAVEL.  No court is going to help you take his child outside the country without his permission.  NO COURT.

 

Since you are already contemplating divorce and taking the child outside the US against the father's wishes, you may want to look up international parental kidnapping.