Sayville, NY asked in Family Law and Child Custody for New York

Q: If my kids were taken out the country with there mother without my consent and we have joint custody?

I'm asking because I have reason to believe she has. She asked me to sign some papers, I asked her where she was going. Here response was it's none of my business.

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2 Lawyer Answers
Sandra M. Colatosti
Sandra M. Colatosti
Answered
  • ALBANY, NY
  • Licensed in New York

A: Unless the order states that the children cannot be removed from the country, state, area, etc., there is no prohibition against taking the children out of the country without the other parent's consent. It becomes a problem if the relocates the children to another country permanently.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: If you are divorced, you need to consult your Stipulation and/or the Judgment of Divorce. Is there a prohibition on either or you leaving the country with the children. If there isn't' then each of you can take the children out of the country for vacation (not for relocation). Next you have to see if there is a requirement that permission be given by the other parent. If so, then taking the children without permission is a violation of the agreement/order. However, you have to see if the language is that permission will not be unreasonably withheld. The last thing to check is if a full itinerary must be provided in advance. If that is required and not done, that is a violation.

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