Home > Research Legal Advice > Child Custody > Child custody, international move away prevention, child's best interest
Asked 4 months ago - Pasadena, CA
FlagIf the other parent want's to take the child to Israel and you want to prevent that from happening. Is the fact that Israel is such a hostile, volatile, war zone have any merit to the prevention? I mean even the state department specifically says do not go there.
Under US law, both parents must consent to a minor getting a passport. You can refuse to sign the application given your concerns. If the child already has a passport, you should immediately petition the court for an injunction preventing the other parent from taking the child oversees. However, you will need to support your concerns with valid evidence. You should consult a family law attorney to assist you.
A family law lawyer should be able to prevent the move away altogether. The other parent will usually be prevented from moving unless they have sole legal and physical custody as your parental rights would be impacted. If it's just for a visit, I doubt the court will be overly impressed with your war zone argument since Israel is not a war zone but there are better arguments a lawyer can make.
Is the other parent panning a vacation trip, or a permanent relocation? Where, in Israel, is the other parent planning on traveling, and for how long? The court is required to assess the risk to the child, if the parents can't agree. Are kids who travel to Israel from the US for short visits in more serious danger than kids who travel to some parts of the US? The State Departmetn's travel advisory for Israel says:
Major Metropolitan Areas in Israel
Personal safety conditions in major metropolitan areas, including Tel Aviv and Haifa and their surrounding regions, are comparable to or better than those in other major global cities. Tourists, students, and businesspeople from around the world are welcome. Visitors should observe appropriate personal security practices to reduce their vulnerability to crime, particularly late at night or in isolated or economically depressed areas, including in the countryside. Visitors are advised to avoid large gatherings or demonstrations and keep current with local news, which is available through numerous English language sources.
You should speak to an experienced family law attorney IMMEDIATELY if you are serious about addressing this issuer.
I have advised and helped parents on cross-border family law issues for years; this issue has been litigated several times in many states.
There are several ways to address this issue. It would help to know many more details surrounding your case. If you have a ne exeat clause in your custody arrangement, this will help. The easiest way to prevent a parent from taking a child across a border is to hold the passport and prevent the other parent from getting a passport for the child.
You best course of action will depend on where you are in the custody agreement process. While a court may consider the political situation in Israel as a factor in the child's best interests, courts generally won't make this the primary issue in a place like Israel.
Feel free to contact me directly through my Avvo profile to discuss further.
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