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  1. #1

    Default Can the Court Authorize Travel to Another Country

    State - CA
    I share joint physical and legal custody with my ex-husband for our 15 year old. He wants to travel to Brazil with our child to help under-privleged children. I am in disagreement. Brazil is considered one of the most dangerous countries to visit, especially the area and the conditions he wishes to travel too. There is also a recent travel alert out by CDC due to increased incidences of malaria and yellow fever. If I do not sign the visa, can the court order me to or can the court grant my ex permission to travel anyway?

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Can the Court Authorize Travel to Another Country

    Quote Quoting advice needed
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    State - CA
    I share joint physical and legal custody with my ex-husband for our 15 year old. He wants to travel to Brazil with our child to help under-privleged children. I am in disagreement. Brazil is considered one of the most dangerous countries to visit, especially the area and the conditions he wishes to travel too. There is also a recent travel alert out by CDC due to increased incidences of malaria and yellow fever.
    If I do not sign the visa, can the court order me to or can the court grant my ex permission to travel anyway?
    Yes, the court can order that.
    Will the court do that, we cannot answer that.

  3. #3
    Join Date
    Mar 2009
    Location
    Las Vegas Nevada
    Posts
    8

    Default Re: Can the Court Authorize Travel to Another Country

    hey - i know the answer ( partial ) to that. I don't know the law where you are. Last year we (my childrens father and I), had a hearing for the same thing.... he has primary custody and we share legal custody. He wanted to move to Georgia, with my babies (keep in mind - its an ongoing battle for custody with us). Any way I was so upset about it. I went to an attorney. turns out the parent requesting the move must provide whats called a burden of proof. This is where the parent has to prove this is in the best interest of the child. Fortunatley, I went with a lawyer for this one. He claimed the schools and the housing market was better in Georgia. Well, I knew that he was just thinking of himself and not them, really. A burden of proof is really strict. It won't rely on things like family members being there or "good samaritan work". Besides if he is choosing to do this work shouldn't he consider that this is a life change? anyhoo my lawyer got all the statistics on education, employment, and average housing and proved that the move was not such a significant improvement to relocate the children and take away my rights to see them. However it did provide him with the roadmap to bring if he chose to bring that motion again. hope that helps. Matbe you can go to yoiur self help and research burden of proof in your state. I felt that with the natural disaters what they are these days, it was really rolling the dice going to Georgia but that was never brought up in our court.

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