Taking Kids for Vacation Out of the States

Updated on February 11, 2013
R.F. asks from Warner Robins, GA
6 answers

I have two lil kids under 5 years old. I am divorce since last year and I have the sole custody of my kids. The father only has visitation rights. When I got the divorce I move back with my kids back to Europe , but after a year in Europe we move back to the states.(georgia)Now I would like to take my kids for holiday to europe and in the divorce paper said"the parties recognize that the plaintiff( mother, me) and the children's will be moving from the united states and that the defendant shall have reasonable visitation at resonalble times and circumstances as many be agree by parties. All this without a date on it. I know I am not moving, but I like to leave the united staates for vacation. I am not a good turn with the father, so I don't think he would agree.
I am allow to leave with my kids or do I need special court orders or a agreement from the father? Or is that enough what is in the divorce paper about moving out of the states?
Thank you

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J.W.

answers from St. Louis on

That you moved back can change things. Just to make sure you are doing everything right I would go back to court and spell things out.

Before you do anything though, talk to their dad. My ex is a bit of a tool but the courts wouldn't entertain any requests until I made the effort to talk to him.

What I know about big moves is this, had I needed to move out of state when we divorced the court would have given me primary custody. If I wanted to move somewhere else I would have been required to petition the court again, you did not do that when you moved back.

I am only saying this because when it comes to potentially being accused of kidnapping it is just worth it to have the courts blessing.
_______________________________
R., you could do it yourself but it is better to have an attorney dot the i s for you. Most good attorneys have a flat fee for something this simple but then you know it is properly drafted and properly filed.

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I.G.

answers from Seattle on

If you can pay for tickets to Europe I am sure you can afford a 30 min consultation with an attorney. That is what you should do. Chances are you're good to go, but I would get a professional opinion in that.
Good luck.

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E.B.

answers from Beaumont on

I wouldn't make a move without the courts blessing. Too much at stake.

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R.F.

answers from Macon on

Thank you Jo.
Can I go by myself to the court and modificated the divorce paper or do I need a lawyer to do that for me?

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S.W.

answers from Minneapolis on

It would be safest to consult an attorney, yes. But I agree with SunniM. I took my daughter to Mexico, with her passport, and was never questioned. Being in possession of a valid passport implies consent by the other parent, since it takes both parents permission to obtain the passport.

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M.M.

answers from Chicago on

If your children have valid passports - you can go anywhere you want :)

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