We are currently in a heated battle for modification of custody and my ex wants to take my son out of the country. She asked that I sign the papers to get him a passport and I refused stating I don't want her taking him during the court battle. Since she has sole custody she went ahead and got him a passport. Can I stop her from taking him out of the country?
go to the dept. of state website. register him as someone who should not travel.
if she got him a passport without your signature, she should have a court order permitting that. usually both parents must consent to the passport absent a court order.
do a motion to enjoin the move and ask that you hold the passport.
if her travel is for a vacation, not so horrible so long as she posts a bond to ensure her return.
if a permanent relocation, she must comply with 750 ilcs 5/609.2
You don't say whether she wants to leave the country for a vacation or it's a permanent move. You say nothing about the current parenting order. You don't say whether or not you have an attorney. If you have an attorney then direct your questions to that attorney. If you don't have an attorney then get one.
I agree with the other answers. You should think about how your child will feel if this is just a vacation and he will miss a great experience. If she is from the country they would be visiting there could be danger she would not return. But a bond should prevent that. Sounds like you need an attorney. If you don't have one, consult with several experienced family law attorneys in your area and choose the one you like best.
Your Joint Parenting Agreement or Parenting Allocation should directly address your question. Most of these have rules about if, when and for what duration a parent may travel with or move with a minor child. If it's not just for vacation you need to assert your claim in court with an attorney by your side.
All advice/analysis I give in this forum is to provide rough sketches of legal issues given the incredibly brief and often vague situational input of the questioner. My advice/analysis is not intended to be taken as stemming from an attorney-client relationship. I disavow any such relationship arising from my participation in this informal, non-contractually based forum . My input is solely to identify and clarify legal issues that are hypothetical as I do not have a broad or deep enough delineation of the facts of the actual case(s) here.
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