Legal Question in Family Law in California
Can I revoke my 4 year old daughters passport? I'm fearful her mother will take her to England and not return? My ex-wife's mother lives and is a citizen of England.
3 Answers from Attorneys
I don't know the law of passports, but if you have objective evidence to support your fears, you could probably get a court order that the mother surrender the passport to you or to the court. Bear in mind, however, that a signed, notarized consent must accompany the passport of a minor child leaving the country with only one parent, and even if she managed to bypass that requirement, England extradites parents who bring children from overseas in violation of their home country's custody orders.
If you have a fear that your ex will take the child and leave, you should file an Order to Show Cause requesting child abduction prevention orders. See Form FL-312 for more information. Good Luck.