Chandler, AZ asked in Family Law and Child Custody for Arizona

Q: How can I stop my spous from taking our children to another country for vacation?

We’re separated, but not legally separated or divorced yet. He doesn’t live with us but he helps pay our bills. I’m the only care giver for the children.

He’s visiting town now, and wants to take kids to another country for few weeks. How can I stop him? Do I have the legal right to object to their travel with him?

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1 Lawyer Answer
Randi Sirlin
Randi Sirlin
  • Phoenix, AZ
  • Licensed in Arizona

A: Because I do not have more facts regarding your situation, I can not give you legal advice. However, I can offer my opinion.

You can immediately keep the Father from taking the children out of the country by filing a "Petition for Dissolution of Marriage with Minor Children," as there will be an injunction which takes effect as soon as you serve the Father, which prohibits him from even removing the children from Maricopa county without your written authorization or order of the Court.

For further assistance, I recommend contacting an experienced family law attorney to assist you.

In the event you cannot afford an attorney, there are forms available online (I would not file them without having an attorney look them over first) so that you can file and you can ask the Court to either waive or defer payment of the filing fee and if you qualify financially, a sheriff can serve the father with the paperwork without any charge to you.

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