How To Keep Your Children From Being Moved To Another Country
I am interested in learning about men’s rights when their wife threatens to move the children to another country.
I am currently married, but our marriage is in a rough patch and my wife has talked about divorce.
She keeps telling me that she is going to take our children back to Italy where she is from and I will never see them again.
I desperately want to try and work things out, but in order to keep my children from being moved out of the country is it necessary to file for divorce?
Since I am only licensed to practice law in Wisconsin, I can only provide you with general divorce help for men to your divorce question.
Parents have a liberty interest in their children and are generally free to move around as they wish. Conflicts emerge when parents live apart but do not agree on the placement of the children.
If there is no order in place regarding child custody and placement, there is nothing for the police to enforce should one parent attempt to abscond with the children. A court may eventually order the return of the children for placement purposes but the process can be long and complicated, especially if it involves another country.
By filing a petition for legal separation or divorce, the court will prevent the wife from removing the children from the state or country. Where I practice, as soon as the petition is served on the respondent (i.e. the wife), the respondent is put on notice that concealing or fleeing with the children is absolutely prohibited.
If the petitioner knows the respondent intends on leaving with the children, he may file for an injunction from the court. He is also within his rights to call the police to prevent the children’s removal.
If you are worried that your wife will make good on her promise and flea the country with your children, your best option may be filing a petition for divorce or legal separation.
With children this young, there are usually also additional safety procedures put in place at airports that require individuals transporting the children to prove the acknowledgment and consent of the parents or guardians, but I would not rely on airport security to prevent the removal of your son’s children.
Please keep in mind that I am unable to provide you with specific advice on divorce. If you would like more advice on divorce concerning child support laws, contact a mens divorce attorney near you.
Cordell & Cordell has men’s divorce lawyers located nationwide. To schedule an appointment with a divorce attorney, including Daniel Exner, a Milwaukee Divorce Lawyer, please contact Cordell & Cordell.