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  1. #1
    Join Date
    Dec 2018
    Posts
    1

    Default How to Travel With Your Child Without the Other Parent's Consent

    i am a citizen of one those countries in the trump travel-ban list. my 1.5yr baby has not seen her family and i want to take her there. but her mom does not allow that. i want to get what is referred to as "Order to Show Cause" (permission of the Family Court Judge) to have court permission for travel period. please help me how i can do that.

  2. #2
    Join Date
    Oct 2006
    Posts
    15,274

    Default Re: Order to Show Cause - Traveling W/O Consent of Other Parent

    Quote Quoting QC Guy
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    i am a citizen of one those countries in the trump travel-ban list. my 1.5yr baby has not seen her family and i want to take her there. but her mom does not allow that. i want to get what is referred to as "Order to Show Cause" (permission of the Family Court Judge) to have court permission for travel period. please help me how i can do that.
    Realistically, if the country is on the travel ban list that means its highly unlikely that its a signatory to the Hague Convention. If its not a signatory to the Hague Convention the odds of a judge giving you permission to take the child there, against the wishes of the child's mother, are slim to none.

  3. #3
    Join Date
    Nov 2017
    Posts
    16

    Default Re: Order to Show Cause - Traveling W/O Consent of Other Parent

    There is a very good chance that if you took the child you would not be allowed back into this country. But that's what you want, isn't it?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Travel With Your Child Without the Other Parent's Consent

    Quote Quoting QC Guy
    View Post
    i am a citizen of one those countries in the trump travel-ban list. my 1.5yr baby has not seen her family and i want to take her there. but her mom does not allow that. i want to get what is referred to as "Order to Show Cause" (permission of the Family Court Judge) to have court permission for travel period. please help me how i can do that.
    If you and your ex- cannot agree about travel outside of the U.S., you will need to address the issue through the custody court.

    If your ex- is concerned that you may try to keep the child outside of the U.S., then your ex- can inform the court about that concern and you can attempt to convince the court that it's not an issue.

    If there may be an issue with your effort to return to the U.S., due to your immigration status and the travel ban, then those are also issues that your ex- can raise in court. If you're turned back at the port of entry, what will happen with the baby?

    You need to share the full facts with a custody lawyer.

  5. #5
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,607

    Default Re: How to Travel With Your Child Without the Other Parent's Consent

    Your best bet is to get your family an iPhone and Face Time them, because I don't see what you're asking for to happen.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  6. #6
    Join Date
    Jul 2018
    Posts
    1,290

    Default Re: How to Travel With Your Child Without the Other Parent's Consent

    Quote Quoting QC Guy
    View Post
    i am a citizen of one those countries in the trump travel-ban list. my 1.5yr baby has not seen her family and i want to take her there. but her mom does not allow that. i want to get what is referred to as "Order to Show Cause" (permission of the Family Court Judge) to have court permission for travel period. please help me how i can do that.
    First, read this -- particularly item #7.

    Second, are you and the mother married? Divorced? Involved in a pending divorce? Never married? If you were never married, was your paternity established? If so, how was it established?

    Third, while an internet message board is not a good place for any sort of detailed "how to" questions, the process of obtaining a court order obviously varies from state to state, and you didn't identify your state of residence.

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