International Move Away Question

[SquirrelSM]

My ex-wife and I divorced in AL.  She was awarded the house that we owned at the time.  A paragraph in the divorce decree stated that she was not prohibited from moving from the house in this county.  At the time, her lawyer explained to me that the purpose of the paragraph was to protect her in the event I might try to prevent her from selling the house at some future date.

Four years later, my ex-wife announced she was moving with the children to another state (180 miles from here).  We have joint custody with her designated as primary residence.  I took her to court to prevent her from moving the children away.  She claimed that the paragraph stating she was not prohibited from moving out of this county gave her the right to move with the children to another state.  The judge agreed and allowed the out-of-state move away.

Now, three years later, I have reason to suspect she may be contemplating another move.  Her husband's relocation was the reason for her first move-away; the company also has offices in the Middle East and I believe they may be planning to relocate there.  All of the adults and children in question are natural born US Citizens with no Middle Eastern heritage at all.

Except for the original paragraph that stated "the mother is not prohibited from leaving X County, Alabama", there is no other paragraph that addresses a move away issue.


1.  Is a successful out-of-state move away sufficient grounds to allow an international move away?

[socrateaser]

>1.  Is a successful out-of-state move away sufficient grounds
>to allow an international move away?

Absent your filing a motion for a restraining order, the other parent can move wherever she wishes with the child. However, if your name is on the child's birth certificate, then the mother will need your signature on the child's U.S. Passport application.

So, if you're asked, then you say no way, and then it will be up to her to file a motion to have the court order you to sign. Your response will be that the child's relocation to the Mid East will effectively cut off your parental rights.

If your name's not on the BC, and you believe that the mother is getting ready to move, then you need to file a petition/motion for a restraining order. Your action can be filed in the child's new state of residence, because more than six months has passed since the relocation. This would give you a new judge and a new set of laws -- perhaps more NCP friendly than AL.

Hard to say on this last issue, but worth considering.

[SquirrelSM]

We were married for 12 years; my name is definitely on the birth certificates.  However, I am trying to remember if I've ever been asked to sign a passport application.  My ex-wife has travelled to Mexico and Canada with the children in the past, but I believe they only needed a birth certificate and my temporary permission for the vacation travel.

1.  Is there any way I can find out if the children have passports without having to ask my ex-wife?

Thank you again for all your assistance with these matters!  I greatly appreciate it.

[socrateaser]

>We were married for 12 years; my name is definitely on the
>birth certificates.  However, I am trying to remember if I've
>ever been asked to sign a passport application.  My ex-wife
>has travelled to Mexico and Canada with the children in the
>past, but I believe they only needed a birth certificate and
>my temporary permission for the vacation travel.
>
>1.  Is there any way I can find out if the children have
>passports without having to ask my ex-wife?

Call the U.S. Passport Service and ask. All the passports are on file. You'll undoubtedly have to prove that you are the parent.

[MixedBag]

http://www.deltabravo.net/custody/moving2.php - size 8kb - 04 Nov 2005

Try this article from this site.

If this doesn't work as a link, I went to the section where the articles are (you can scroll down and click on the small word -- articles -- and then searched on passports.)