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Can You Leave The Country With Your Kids Without Your Spouse's Permission?

Let's approach this from a couple of different angles. 

The first one is, practically speaking, can you do it? The answer to that question is yes.

If your child has a passport or they might not even need a passport, depending on which country you are going to, you will be able to get out of the country with your child because United States does not have exit controls, meaning nobody is checking to see if you have proper permission, credentials, passport, anything like that.

So practically speaking you are probably going to have no issue getting on the plane and getting out of the country. Now, does that make it legal? 

If there's no court order saying you can't do it, generally speaking, you're not putting yourself in a position of violating a court order. You're not going to be held in contempt because there's been no order placed saying that you can't do it.

But if you do do it, if you go out of the country with your without your spouse's permission, then most likely what the other parent is going to do is rush to the courthouse and say, judge, this is an emergency. They fled the country without my permission. I want an order that says they have to come back immediately.

The judge will probably issue that order and then at that point you are going to be held in contempt if you don't come back to the country immediately or send the child back to the United States immediately.

Now, if you're leaving the country for some other reason, like domestic violence that's a completely different type of issue.

What I'm talking about is you want to leave the country and you just can't get permission from your spouse, so what can you do?

If you can't get permission from your spouse, what's a smarter way to approach this? 

Smarter way to approach this is to file a motion in court and say, judge, I want a court order saying that I can leave the country and laying out what your itinerary is, what your plans are, et cetera, and the court is probably going to allow you to leave the country.

It's possible that you would have to post a bond if there's a credible reason to believe that you might not return with the child, meaning you have to post money that will ensure that you will return.

Whereas if you don't get the court order, the potential for things to blow up and for it to become an unnecessarily complicated matter is much higher.

I hope that clarifies things for you. Let me know in the comments if you have any comments, questions, concerns, I would love to continue the conversation down there. Don't forget to subscribe and I'll talk to you soon.


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