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Can he take them out of the country

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mykidzx5

Junior Member
What is the name of your state? NE

I posted the other day about wanting to move for my job and my x husband not wanting to let me. Now, his job is sending him to Trinidad for 4 to 5 months. He wanted to chidlren to come to Trinidad to visit accompanied by his 70 year old parents. My one son has epilepsy with silent seizures. Originally he said if they couldn't go to Trinidad that he woudl be fine if I made arrangements for them to get to Texas to visit my family and he woudl visit them there. I said that I would def do that or if he really wanted them to go to Trinidad I would accompany them -- paying my own way of course -- I would spend time with them while he worked and he could spend time with them when he was off. He has informed me that he IS taking them to Trinidad and is taking me to court for permission. Will the court really give him permission to take the kids out of the country to TRINIDAD???? Is that normal???
 


onebreath

Member
I think its unlikely. But have your ducks in a row around physically why not in the childs best interests...go see his doctor for a checkup and ask for his advice.
 

Ohiogal

Queen Bee
I think its unlikely. But have your ducks in a row around physically why not in the childs best interests...go see his doctor for a checkup and ask for his advice.
Shhh... Why is it unlikely? He is NOT moving the children. He is taking them for a vacation. He will be living there. He is the parent. Is he an US citizen? Are the children US Citizens? Is there any reason why he should not be able to travel outside the country with them? Do the children have a passport? Who has removed them from the country previously? Also according to the US STate department:
Trinidad and Tobago is a party to the Hague Convention on the Civil Aspects of International Child Abduction, but the treaty has not yet entered into force between the United States and Trinidad and Tobago. Therefore, the Convention cannot be used as a remedy to recover a child abducted from the United States to Trinidad and Tobago or to gain access (visitation) to such a child; however, local authorities may be willing to implement Hague precepts in individual cases pending final entry into force. American citizens who travel to Trinidad and Tobago place themselves under the jurisdiction of local courts. American citizens planning a trip to Trinidad and Tobago with dual national children should bear this in mind
So what are you basing your opinion of "unlikely" upon?
 

nextwife

Senior Member
What is the name of your state? NE

I posted the other day about wanting to move for my job and my x husband not wanting to let me. Now, his job is sending him to Trinidad for 4 to 5 months. He wanted to chidlren to come to Trinidad to visit accompanied by his 70 year old parents.



OOOH! His parents are older. So what? My 62 year old husband and I (age 53) are both very capable parents- NOT GRANDPARENTS - to our own 10 year old daughter. Many 70 year olds are very active and capable, and sensible, people.
 

Ohiogal

Queen Bee
[/B]


OOOH! His parents are older. So what? My 62 year old husband and I (age 53) are both very capable parents- NOT GRANDPARENTS - to our own 10 year old daughter. Many 70 year olds are very active and capable, and sensible, people.
Damn Nextie, you aren't senile at your age? :p
 

profmum

Senior Member
What is the name of your state? NE

I posted the other day about wanting to move for my job and my x husband not wanting to let me. Now, his job is sending him to Trinidad for 4 to 5 months. He wanted to chidlren to come to Trinidad to visit accompanied by his 70 year old parents.

sounds reasonable

My one son has epilepsy with silent seizures. Originally he said if they couldn't go to Trinidad that he woudl be fine if I made arrangements for them to get to Texas to visit my family and he woudl visit them there. I said that I would def do that or if he really wanted them to go to Trinidad I would accompany them -- paying my own way of course -- I would spend time with them while he worked and he could spend time with them when he was off.

not the best idea.. you are divorced.. stay within your boundaries!!

He has informed me that he IS taking them to Trinidad and is taking me to court for permission. Will the court really give him permission to take the kids out of the country to TRINIDAD???? Is that normal???

for a visit because his work requires him to be there for a temporary period of time.. HELL YES!! What is so abnormal about it, or is it that your ex did not allow you to move away PERMANENTLY so as to rip his involvement in the kids lives and you want some payback???
On days like this, I am so glad to have the common sense I do have:)
 

Just Blue

Senior Member
And YES, you are being UNreasonable.

What, precisely, does the child's epilepsy have to do with anything?
Flying can induce seizures. My niece has the same thing...She flys at least 10x a year. The child's Neurologist should be able to offer advice for minimizing the risk.
 

mykidzx5

Junior Member
Let's see if I can fight off the tigers with some further explanations.

Yes, 70 is not over the hill. My husband is 59 and quite young. His parents have CHRONIC health issues and his father has a drinking problem. These are the people that my xhusband learned his parenting skills from which I do have a problem with -- not a new problem as I had a problem with it when we were married and in love as well. They do not supervise children very well and have the philosophy of if they get hurt they will learn. Unfortunately, some "hurts" turn out to be catastrophic and can't be undone. Do I put my children in a bubble -- no. Do I let my 7 year old swim in the lake way out while I drink and take a nap in the sand --- NO. Things HAVE happened to my children in their care so excuse me if I am just trying to watch out for their best interest -- it is my roll as their parent to be their advocate. That should be his roll as well. If he chooses not to take that roll, that is on him, but that does not lessen my responsibility to keep my children out of harm's way.

Secondly, regardless if HE likes it or not, I will be allowed to move with the children. We aren't talking across the country -- we are talking 150 miles.... let's not forget that he doesn't attend any school events or anything outside of his scheduled visitation as it is and I have agreed to transport the children to our current meeting location. His life is not going to change. However, his job is moving him to Trinidad for 5 months and he is only going to see them at a maximum of 1x a month for an extended 3 day weekend. Who is thinking about the children in that?

The children do not currently have passports and have never been out of the country... nor have they ever flown in an airplane. He does not currently follow the doctor's recommendations in regards to my son's seizure disorder and that is just for a weekend and hour away.

I have been more than generous in the previous years in regards to the children and him. I have given his parents a week of MY time with the children and even drove over an hour to pick them up -- not required. He on the other hand will not allow the children to go visit my parents in Texas (which is where we are originally from) because it is "so far away". I give him extra time, I work with his work schedule, I do whatever I can to support his relationship with the children even when some of it should be him setting priorities and "making it happen".

However, as much as everyone here wants to make this be about me and him -- it is not. This is about the children and what is right for them in the BIG picture. He is going to be working the majority of the time that they are there -- I am not under obligation to allow the children to take a vacation with his parents. The time that he wants them to go to Trinidad is outside of what his set summer vacation time is (although he has never taken them for more than a week because his work schedule won't allow it) so once again, I would have to make an exception and say that it is okay.

Also a huge concern is the fact that he still wont give me dates of his engagement and just last week he was threatening to file for physical custody -- for all I know his job is permanent in Trinidad. At this point I have no way of knowing.

Another point of contention is lets not forget that he has changed what he originally requested. Originally when he had this opportunity we discussed it and I voiced my concerns of the children going to Trinidad. He stated that he understood and if I would just make them accessible to him in Texas that would be fine (only a 5 hour plane ride for him). We were in agreement to that. He has now changed his mind after an agreement was already reached and I am just supposed to pretend that we hadn't already reached an agreement.

So -- I thought I was getting some advice from people with real legal experience on this site. Obviously, this is just a place where people boost their egos by flaming people that genuinely are looking out for their children. Until you get the phone call from one of your kids telling you that your 7 year old son was almost mollested by a teenage neighborhood boy that likes to "play" with him while your exhusband sat upstairs drinking beer, don't cast stones of being over protective, self fulfilling and vengeful. I have no doubts that if I posted here 6 months from now and said I let my xhusband take my kids to Trinidad and one of them had a seizue on the beach and died while his parents sat on the beach drinking, I would be flamed for that as well. Damned if you do, damned if you don't. Thanks for all of the unbiased advice!
 

Silverplum

Senior Member
So -- I thought I was getting some advice from people with real legal experience on this site. Obviously, this is just a place where people boost their egos by flaming people that genuinely are looking out for their children. Until you get the phone call from one of your kids telling you that your 7 year old son was almost mollested by a teenage neighborhood boy that likes to "play" with him while your exhusband sat upstairs drinking beer, don't cast stones of being over protective, self fulfilling and vengeful. I have no doubts that if I posted here 6 months from now and said I let my xhusband take my kids to Trinidad and one of them had a seizue on the beach and died while his parents sat on the beach drinking, I would be flamed for that as well. Damned if you do, damned if you don't. Thanks for all of the unbiased advice!
ROFL!!!

BWAHAHAHAHHAHAA!!!!!!!!

So you know each and every one of us? You know that NONE of us have EVER been to Family Court, fought the same types of battles?

LOL!!!!!!

You are too narrow-minded for WORDS. :p
 

mykidzx5

Junior Member
Oh, and one more thing. His job did not FORCE him to go to Trinidad for 4 - 5 months -- he was given the option. Not one of those bated options where if you don't do it you will experience backlash, but more of a , gosh you work hard, here is an opportunity -- want to go? He freely made the choice to travel to trinidad and minimize his involvement, visits, etc with the children for 4 to 5 months. A choice, not a requirement.
 

Silverplum

Senior Member
Oh, and one more thing. His job did not FORCE him to go to Trinidad for 4 - 5 months -- he was given the option. Not one of those bated options where if you don't do it you will experience backlash, but more of a , gosh you work hard, here is an opportunity -- want to go? He freely made the choice to travel to trinidad and minimize his involvement, visits, etc with the children for 4 to 5 months. A choice, not a requirement.
That factoid, and all of your reactions, makes you look even WORSE in court! :p
 

mykidzx5

Junior Member
I guess I don't consider another parent that has been to family court on enough occassions to learn the law the expertise that I was talking about. Not to say that I don't value other parents sharing their experience, but that doesn't make it law. Lawyers, legal aids, law students, paralegals -- they sometimes have a different, more objective view. To slam another parent based on your personal experience though is not expertise.
 

mykidzx5

Junior Member
Prune: How do you figure that makes me look worse? The fact that he makes choices that that then leave me in a position to have to make exceptions to our decree, that makes me look bad?
 
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