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  1. #1
    Join Date
    Jul 2007
    Posts
    1

    Default Leaving The Country With A Child When There's No Custody Order

    Hi I have a question and would appreciate any help. I live in Florida and I am considering visiting England and possibly in the future moving there. My sons father however objects to this. We were never married. There is no court order regarding custody of our son. There is a court order regarding child support however. His father left the state 8 months ago and doesnt see him. It will have been a full year before he sees him again. Do I have to get a court order to vacation and possibly move there?

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: I want to leave the country and there is no custody order

    Quote Quoting Emmawolf
    View Post
    Hi I have a question and would appreciate any help. I live in Florida and I am considering visiting England and possibly in the future moving there. My sons father however objects to this. We were never married. There is no court order regarding custody of our son. There is a court order regarding child support however. His father left the state 8 months ago and doesnt see him. It will have been a full year before he sees him again. Do I have to get a court order to vacation and possibly move there?
    Read your CS order. Is there a clause in there about each party being required to inform each other or the court of their address?
    If there is, you will need to inform ex and the court of your plans to both visit and move. You need to do this at least 60 days before you plan to leave.

    Even if there isn't anything specific in your court order, you will still be legally required to notify your ex of your plans. In case your ex objects, it's a good idea to do this at least 60 to 90 days before leaving. That way you'll leave enough time to go to court if you need to.

    DO NOT take your child out of the country without having proof of notifying the father and his permission.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Re: I want to leave the country and there is no custody order

    Absent a custody order, if you do not already have a passport for your child, you will have difficulty obtaining one. (See Part 5, Present Parental Application Permission Documentation.)

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