Legal Question in Family Law in Massachusetts
I am having my son Christened in Australia in May,
My family is supposed to come with us.
I have already purchased the tickets for my sister and her two daughters, ages 4 and 2.
My sister is in the process of an ugly divorce and her soon to be ex husband is refusing to allow my nieces to attend the christening. He is doing so by refusing to sign their passport applications. I have tried reasoning with him, tried appealing to his fatherly side all to no avail.
I fear that it is getting too close to dday and that they wont be able to get their passports.
Does my sister have any legal recourse or i am out 3400 dollars?
Thank you so much for your help.
Sincerely,
Joseph Minehan
2 Answers from Attorneys
I don't know whether your sister has an attorney representing her in her divorce, but she, either by herself or through her attorney can mark up a hearing asking the court's permission to travel outside of the U.S. to Austraila for your son's christening. Absent any suspicions that she may not return, or that any harm will be done to the children there is a good chance she would be successful. This is something she will have to move on quickly in order to get a court order allowing her to travel outside of the U.S.
If she is not represented by counsel and she is interested in a free consultation, have her contact me at 617-523-3200 or by email at [email protected].
Thank you,
Your sister's attorney or she can file a Motion seeking the court's permission to travel to Australia and seek a Court order to require him to sign the paperwork to get the passports.
Good Luck. By the way she can get the passports in as little as a week if need be by going to the Federal Bldg in Boston.
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