Norfolk, VA asked in Family Law for New Jersey

Q: Can I take my kids from NJ to visit my brother in VA while still married?

Planning to divorce but haven’t filed anything yet. He’s threatening to call police for kidnapping because he thinks I won’t come back with the kids, even though I am going to come back.

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2 Lawyer Answers
Adam Brown
Adam Brown
Answered
  • Hoboken, NJ
  • Licensed in New Jersey

A: There is presently no court order likely in place. Generally you cannot kidnap your own kids. When there is a court order, you could be charged with parental interference. Filing for divorce is wise, temporarily visiting your brother should be possible. However, to visit your brother without disruption, I recommend hiring counsel to draft some sort of certification for assurance of your return. Otherwise, I would recommend counsel to make some sort of parenting-time plan during the pendency of the litigation. Worst case scenario, you need to file a motion in court.

1 user found this answer helpful

Bari Weinberger
Bari Weinberger
PREMIUM
Answered
  • Parsippany, NJ
  • Licensed in New Jersey

A: I'm sorry to hear you’re going through such a difficult time. The short answer is yes, provided there are no restraints against travel, you would be permitted to travel to VA for a vacation with your children. I would strongly suggest that you consult with an attorney specializing in divorce and family law to assist you.

I hope this information was helpful to you.

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