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Can my ex-wife take our US child (toddler) to her homeland if she is a Political Asylee/Refugee (permanent resident)? Thx

Phoenix, AZ |

I am going through a divorce. My wife's Permanent Residency was obtained via Asylum. She wants to travel with our children back to her country even though the State Department just issued a travel warning. Can she take our US child (toddler) to her homeland if she is a Political Asylee/Refugee (permanent resident) and the political situation of her country has been unstable for years? Would a court make a ruling preventing my child to travel to her country?

Attorney Answers 1


Because you are still in the process of obtaining a divorce, the preliminary injunction is in effect, which means that neither of you can travel out of the state with the child(ren) without written permission from the other parent. If you have significant concerns, I would suggest not agreeing to allow the travel. It seems that would be a defensible position to take in court in the event she seeks the court's permission to allow the travel, while your divorce is pending. Later on or once the divorce is finalized, you may have to make some concessions, but certain protections can be put into place such as requesting that you manage the child(ren)'s passport. I would consult an attorney about this issue.

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