Legal Question in Family Law in Utah

passport for a minor

my sister is in england has sole custody of 15yr old. he lives in us. a passport was obtained so he could visit. Went to country for three weeks and returned to the us. discovered later that divorce decree 15 yrs ago said child was not to leave u.s. Would this be considered Kidnapping?


Asked on 1/11/09, 1:42 am

2 Answers from Attorneys
Cory Wall Cory R. Wall, Attorney at Law, P.C.

Re: passport for a minor

I'm a little confused by your question. If your sister lives in England and has sole custody of the child, why is the child living in the United States? Also, with whom is he living? If the decree provides that the child was not to leave the U.S., it's doubtful anyone would be charged with kidnapping. Again, this brings me back to my original question. Normally, if a custodial parent relocates, they have the right to take the child with them so long as they've provided proper notice to the non-custodial parent.

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Answered on 1/12/09, 7:02 pm
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: passport for a minor

Yes. Notify the authorities of the location of the child and the information you have.

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Answered on 1/12/09, 10:39 am


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