You may need his signature at the airport if you don't have sole custody. Send him an authorization to sign. Also call the airlines and inquire as to exactly what they need. If he doesn't cooperate you will need to file a motion or order to show cause. A judge will grant your request as long as you provide adequate proof and reassurance. An attorney would be best.
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.
While it may be legal for you to take your child out of the country for a vacation, you will likely have difficulty doing so without either a Court Order or the permission of the child's father. Additionally, your child most likely needs a passport to travel, which requires the consent of the other parent or a court order. You may want to contact him and see if he will provide his written consent to the trip. If that is not possible, you will likely have to file a Court action to address the issue. Please consider consulting with a Family Law attorney in NJ to advise you based upon the specific facts and circumstances involved in your matter. The articles liked below may also provide some additional guidance.
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Generally you will need the permission of the father. If he refuses or if you do not want to make the attempt to obtain consent you will need to obtain a Court Order permitting you to leave the country with the children. There are also passport and visa issues that would need to be addressed as well. It is recommended that you consult with an attorney before taking this action.
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