Legal Question in Family Law in New Jersey

16 yr old son passport withheld

My husband and I are going through a divorce. Can a judge legally write an order to hold my sons passport without any cause what so ever? If he passes such an order what can i do to rebut it. Also my husband claims i brainwash my 16 yr old and wants him to go through a diagnostic evaluation. Is this necessary? My son is an A student with no problems. Can we appeal this, if the judge once again has no cause?


Asked on 10/17/06, 3:42 pm

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: 16 yr old son passport withheld

I am puzzled. Has the Judge not asked what your son would like? at age 16, his opinion should count a great deal. And your husband is foolish for trying to push your son around, he is just going to drive the boy away from him.

If you are asking these questions, then your lawyer is not answering them for you. Or you dont have an attorney. Or you dont like the answers you are getting.

You may want to speak to another divorce attorney and get a second opinion. Me, personally, I am VERY reluctant to get involved where I am the second or third lawyer on a case.

Good luck to you.

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Answered on 10/17/06, 3:45 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: 16 yr old son passport withheld

I've seen it done before but not very often and only when there are indications that there is a threat to take the child away to another country. I don't see how a 16 year old needs any type of evaluation. In the eyes of most courts, they are more or less adults and if their decision is reasonable, its their call for most issues.

Yes you can appeal, but you have a short amount of time to do so. I suggest you get an attorney right away to try to undue this mess and sort all this out.

Feel free to call me at 732/247/3340. My initial consultations are always free.

Good luck!

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Answered on 10/17/06, 4:01 pm
Gary Moore Gary Moore Attorney At Law

Re: 16 yr old son passport withheld

It sounds like your son is a victim of

divorce hostilities. Perhaps you and your spouse should sit down and call time out to discuss your son and how to avoid making him a divorce victim.

It is so common that couples at war leave the country with their child or children that at the first suggestion of possibility of same a Court will restrict the passport of a child until the dust settles.

You should consider some sort of counseling for your child.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 10/17/06, 4:03 pm


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