I am seeking to travel out of country with our son for summer vacation. We have a joint custody agreement. If the court grants me the permission to travel do I still need my husband's written consent? I am also seeking court's permission to give me the authority to apply for passport since my husband will not consent to it either (our son is 2).
Personal Injury Lawyer
You need one or the other.
973-984-0800. Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
Very much depends on the order. This is not an immigration question by the way. In NJ a court order with specific language included may be sufficient.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: email@example.com; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
Real Estate Attorney
If your husband will not consent to the travel or to applying for a passport, you would need a Court Order allowing you to apply for the passport on your own. Depending what your Property Settlement Agreement says, you may also need the Court's permission to leave the country with your child.
IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.
Divorce / Separation Lawyer
Let me give you a clear answer.
If the New Jersey Family Court has granted you permission to travel out of the country with your son you do not need your husband's written consent to do that.
However, you say that you are now "also seeking" the court's permission for authority to apply for a passport (presumably for your son), because your husband will not consent. The court could have granted that permission on your prior application.
In any event, you will need a Court Order now, authorizing you to get a passport for your son. You should go to the website Travel.State.Gov, which will tell you exactly what you need. (Go to the Passport Section of the website, Minors Under Age 16, Step 7).
If you need legal assistance, I recommend that you retain a New Jersey lawyer whose practice is devoted exclusively to Divorce and Family Law.
DISCLAIMER The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.