Legal Question in Family Law in Maryland

Travel Abroad

I have a friend who is afraid, he might lose his two children. They are 4 and 8. He and his ex-wife currently have 50-50 physical custody.

His ex-wife and her parents want to take their children overseas for a vacation. He doesn't want them to leave the country, because, since their divorce and during the divorce process, she and her parents have repeatedly threatened to kidnap them. Are there any MD or international laws preventing one parent from taking the children out of the country with the other parent's consent? Can someone outside of the family, report the kidnapping threat? If nothing can be done, what can he do, once they leave the country?

Both parents, as well as both children, are US citizens. One of the grandparents might have Italian citizenship, however he has resided in the US for over 30 years. However, they have relatives who will help them conceal the kidnapping.


Asked on 6/09/03, 11:42 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Travel Abroad

If your friend and his ex signed a separation agreement that discussed custody and visitation rights, it would indicate any geographic limitations on where the children can be taken for vacations. There are no specific laws prohibiting children from being taken out of the country if in the lawful custody of a parent. If your friend has legitimate concerns about whether the children will be returned, he can file a court petition requesting that visitation be confined to this country. However, unless there is some evidence of a threat to the children, he'll probably be unsuccessful.

Read more
Answered on 6/09/03, 12:31 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Maryland