I want to take my daughter on holiday to visit family in australia, I told my partner I wanted to go months ago and he said it was fine, now we are separated and I've booked tickets for my 2 year old and I to go, he's now saying he's going to stop me taking her. I really need to get away and i don't feel she would be ok without me, I know it may seem wrong to take her away but we are coming back and it is a one off thing. Who can tell me where I stand legally?
Can he stop me taking her if I leave in a week? He will still have contact with her when I'm away so I'm not completely stopping him from seeing her, I just need to be away. I need serious answers please.
Thank you.Legal advice please, urgent!?
If there is no custody order or if the custody order grants him legal custody, his permission is needed for her to leave the country. He could get a court order stopping you from taking her out of the country. If you have sole custody and the order does not limit your ability to travel with the child, he cannot stop you.Legal advice please, urgent!?
Provided you're only separated, then he can't stop you.
If you're divorced, then that's something else, but there should be some sort of agreement there about whether or not you can take her out of the country.
(This is based on UK law)
He doesn't have any legal power to stop you if it's just a holiday.
If he is her father, then his permission is needed in order for you to take her out of the country.
If he is refusing to give that permission then you can go to the court that established the custody and support orders and ask the judge to allow it anyway.
If you are scheduled to go in a week I'd go to the court today and ask for an emergency order.
Richard
It depends. If you are only separated and have no divorce decree, then there is no legal restriction. If you are divorced then your divorce decree should set out guidelines for leaving the state or country. It also may depend on how long you will be gone. If you only going a way for a few weeks to a few months I don't think there would be a problem. However, if you are leaving indefinitely he might be able to cause a stink. You might want to contact an attorney though just to be sure. All the advice I am giving you is based on U.S. Laws.
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