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Child custody, international move away prevention, child's best interest

Pasadena, CA |

If 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.

the other parent want to move there for good.

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Attorney answers 5

Posted

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.

By posting on this site or answering/responding to questions does not create an attorney-client relationship and is intended to be an opinion only. My opinion is not intended to be a guarantee or promise of any outcome or result in your matter.

Posted

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.

This is not legal advice but a general comment on society based on a limited set of hypothetical circumstances. No one should act or refrain from acting based on these comments without seeking appropriately licensed legal or professional advice. The author disclaims all liability in respect to actions taken or not taken based on his comments.

Posted

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.

Total Mobility Law is an international law firm that lets companies do global business with the knowledge and confidence they need to comply in any country. Our answers on this site do not constitute legal advice, nor do they establish an attorney-client relationship. The only thing that can do that is a signed Engagement Letter and Fee Agreement, which you can get by contacting us through www.totalmobilitylaw.com.

Posted

From your story, it seems that consent is the strongest argument. Regardless, you need to hire a family law attorney as soon as possible. Best.

This reply is offered for educational purpose only. You should seek the advice of an attorney. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the undisclosed individual asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of New York. Responses are based solely on New York Law unless stated otherwise. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

Posted

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.

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