Webster, TX asked in Family Law for Texas

Q: Question about Family Law

I am married with 2 kids. My wife took my kids and went to her country for a month vacation. Now, it's been almost 2 months, and she is not coming back. I told her to come back but she started being rude and telling me that she will come whenever she wants. My son's school is getting started in 10 days. My questions are;

1. Is what my wife doing legal?

2. Can I make an official report that my wife is not bringing my kids back? If so, how?

3. Is it possible to prevent my kids to be taken out of country without my permission in the future?

Thank you

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: 1. Yes

2. Yes, you can file a report of child abduction with local law enforcement or the FBI. Depending upon the facts and circumstances, they may or may not act upon such a report and may or may not prosecute your wife. But there will be a formal report nonetheless which shows you are not consenting to their removal. This may impact the enforceability of any order she may obtain in another country with respect to the kids.

3. Yes, you can divorce your wife, seek and obtain sole custody of your kids, and seek orders giving you control of your children's passports and requiring your (ex-)wife to have written permission from you in the future to take your kids out of the country.

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