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Mother refuses to take th kids or let the father take them

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Shatila

Junior Member
What is the name of your state (new York)?

I don't know if his belongs here but my brothers wife left him and his 2 children last year (ages now boy 2 girl 4) and refused to take them with her and she went to another country and now we are trying to take a family trip outside the US and we need her to sign so we can take the children outside the country but she's been saying that shell sign it for the past 4 months and she always comes up with excuses, we have to leave in 2 weeks so I can go and comE back in time for school, she is doing this to annoy us, she doesn't want the kids to stay with my brother but doesn't want them to stay with her what can we do?
 


Isis1

Senior Member
First off, there is nothing WE can do. This project is ALL dad's. Are mom and dad married? Is dad going on this vacation as well?
 

Ohiogal

Queen Bee
What is the name of your state (new York)?

I don't know if his belongs here but my brothers wife left him and his 2 children last year (ages now boy 2 girl 4) and refused to take them with her and she went to another country and now we are trying to take a family trip outside the US and we need her to sign so we can take the children outside the country but she's been saying that shell sign it for the past 4 months and she always comes up with excuses, we have to leave in 2 weeks so I can go and comE back in time for school, she is doing this to annoy us, she doesn't want the kids to stay with my brother but doesn't want them to stay with her what can we do?
There may not be time for the children to get permission for this trip. Do they have passports? Are there ANY court orders? Your brother may be staying home.
 

Antigone*

Senior Member
What is the name of your state (new York)?

I don't know if his belongs here but my brothers wife left him and his 2 children last year (ages now boy 2 girl 4) and refused to take them with her and she went to another country and now we are trying to take a family trip outside the US and we need her to sign so we can take the children outside the country but she's been saying that shell sign it for the past 4 months and she always comes up with excuses, we have to leave in 2 weeks so I can go and comE back in time for school, she is doing this to annoy us, she doesn't want the kids to stay with my brother but doesn't want them to stay with her what can we do?
Who has the children now?
 

Shatila

Junior Member
My brother has the children and he is seprated from his wife but not divorced she says she wants a big amount of money to agree to sign anything but she knows that we lost everything last year and the few money we had left she stoled them when she left, the girl has a passport but the boy doesn't
 

Isis1

Senior Member
My brother has the children and he is seprated from his wife but not divorced she says she wants a big amount of money to agree to sign anything but she knows that we lost everything last year and the few money we had left she stoled them when she left, the girl has a passport but the boy doesn't
I guess the boy is staying home then.

Your post is quite misleading. Dad HAS the children. Mom isn't stopping dad from having them. Dad should have fild for divorce and requested mom be ordered to sign the release form. That's dad's bad. He's the one that twiddled his thumbs on this.
 
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mistoffolees

Senior Member
I guess the boy is staying home then.

Your post is quite misleading. Dad HAS the children. Mom isn't stopping dad from having them. Dad should have fild for divorce and requested mom be ordered to sign the release form. That's dad's bad. He's the one that twiddled his thumbs on this.
It may get sticky.

There are two major issues:

1. Passport. To get (or renew) a U.S. passport, both parents have to show up at the passport office and sign the documents. There is a provision for issuing a passport with one parent present if the other parent sends a notarized document. If the second parent can't be found or refuses to sign, it will probably require a court order.

2. Permission letters. Some countries (Canada, for example) require a letter from the other parent if a child is traveling with only one parent. Again, if it is impossible to obtain that permission, it may be possible to substitute a court order, but you'd need to check the rules for the country being visited.

Either way, father will probably have to go to court to get the permission if mother refuses to sign. But he needs to file for custody of the children, anyway.
 

LdiJ

Senior Member
It may get sticky.

There are two major issues:

1. Passport. To get (or renew) a U.S. passport, both parents have to show up at the passport office and sign the documents. There is a provision for issuing a passport with one parent present if the other parent sends a notarized document. If the second parent can't be found or refuses to sign, it will probably require a court order.

2. Permission letters. Some countries (Canada, for example) require a letter from the other parent if a child is traveling with only one parent. Again, if it is impossible to obtain that permission, it may be possible to substitute a court order, but you'd need to check the rules for the country being visited.

Either way, father will probably have to go to court to get the permission if mother refuses to sign. But he needs to file for custody of the children, anyway.
There is another option. It won't help for this trip, but it will help for the future. Dad needs to hightail it down to court and file for sole legal and physical custody of the children. If he can get that (and there is a decent shot since mom left the country) then he won't need mom's permission to get a passport or to travel outside of the country.
 

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