Legal Question in Family Law in Texas

Child Custody

My ex, who is not a US citizen, wants to take our two children, age 10, to Italy for a month this summer. My ex is able to stay in Italy for only two weeks, leaving the children with their European grandparents for the remainder of the visit. The grandfather, also not a US citizen, will then be responsible for returning the children to the US. Can they legally do this? Also, should I inform the US Embassy of this visit? I am the custodial parent.


Asked on 5/12/09, 1:17 pm

2 Answers from Attorneys
Edgardo Baez The Baez Law Firm, P.C.

Re: Child Custody

What does the order say about that?

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Answered on 5/13/09, 12:41 pm
Fran Brochstein Attorney & Mediator

Re: Child Custody

You definately need to talk to an experienced family law attorney immediately.

Do you agree to this visit?

FYI: I don't know if ITALY is a member of the international child abduction agreement. If not, then ITALY has no obligation to return the children to you.

If grandpa keeps the kids, how will YOU get them back? I assume that you would have to take a certified copy of your court order's, have them translated into Italian and go to Italy and try to have a court there order that the children be returned to you. You might even have to hire an Italian lawyer to help you. I can only guess that the fees for this would run over $10,000.

I urge you to talk to an experienced family law attorney immediately.

Where are the kid's passports? They will need passports to travel.

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Answered on 5/12/09, 11:21 pm


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