Legal Question in Family Law in New York
Passport for minor child
My wife and I are going through a divorce. We have a 3 1/2 year old son. Recently, she approached me with passport papers for our minor child and I refused to sign them. During a recent meeting, she told me that the papers are in her attorney's hands and by next year she will be taking our son to Switzerland(where she was born), UK(where her boyfriend lives) and Belgium(where some friends are). Her family is located here, but have enough money for her to establish a life in Switzerland. She will have residential custody, but we will have joint legal custody. Can she obtain the passport without my consent even though I am a very active participant in our son's life? Also, if the court orders me to sign and I refuse(which is 100% certainty), what is the worse that will happen to me? My biggest fear is that she will take him and I might not see him again. If necessary, I will sit in jail until he is 14. Thank you for your help.
2 Answers from Attorneys
Re: Passport for minor child
On the other hand, She could go to a non Hauge nation with the child once in Europe. Further, even with countries that have signed the Hauge convention, Americans have had hard times getting their kids back. Take a look at the NEWSDAY archives they had a multipart series on the issue. Make sure the court sees the articles as well.
Good luck.
Re: Passport for minor child
She can not get a passport w/o your signature.If the Judge orders you to cooperate on the passports and you willfully refuse....you will prob go to jail.
The countries you mentioned are part of the Hague convention and if she refused to return the child to the US, the country has agreed to assist you in having the child returned.
You can find more info on line concerning the Hague.
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