Legal Question in Family Law in Massachusetts

taking child abroad

1.I have a 3 year old son. I plan to take him to Eastern Europe this summer for vacation. I am divorced, have sole physical custody, but shared legal custody with his father. If his father doesn't sign the permission to take my son abroad, what will be the next step ? If I have full time job and make more than 100K a year, can the court decline my request for any reason? 2. Currently his father doesn`t want to sign the permission to get a passport for my son. Do I need to go to court for that as well? 3.Do I need to get his permission every time I leave the country including going to Canada, Hawaii or Disney Cruise?


Asked on 2/12/06, 7:43 pm

2 Answers from Attorneys

Maria Murber Law Offices of Maria Murber, PC

Re: taking child abroad

First you need to look at the terms in your separation agreement/divorce decree and if they are not clear, you may want to ask your prior attorney to clarify same.

If your ex-husband is refusing to give his permission, you will have to seek permission from the court.

You may want to file a complaint to modify the divorce judgment especially, if you intend to travel out of the country often. Usually a divorce judgment allows vacations out-of-state; unless, this was specifically addressed and agreed to at the time of the divorce.

If you plan on going this summer, you should address this matter promptly. I suggest that you either contact your former attorney or consult with another family law attorney.

If you have any further questions, please feel free to email me at [email protected] or call the number provided under my profile.

Sincerely, Maria Murber

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Answered on 2/13/06, 5:40 am

Re: taking child abroad

First you need to look at your separation agreement and/or divorce decree. Without your former spouse's consent you will need the Court's permission to take the child out of the country. The Court will probably allow it, but they may require a bond or other method to make sure you bring your child back to the US.

Most separation agreements allow for you to take a child out of state for a vacation, but out of the country is not usually provided.

Contact your divorce attorney for assistance if your ex is being difficult.

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Answered on 2/12/06, 9:31 pm


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