If I leave the country without my child, can my husband file a court order?

Question asked on Apr 27th, 2015

There is no legal prohibition in EITHER parent, in an intact marriage, going wherever they want and taking the kids with them (the rules for MOVING to another place are different from VISITING).  However, the fear of kidnaping is such that as a practical matter you might not be able to actually cross the border without consent of the other parent or a court order saying you d o not need it.  If you are “planning to divorce in the near future,” perhaps you should file now and ask the court for such an order (ask your spouse first; the forms on our website may give your husband adequate reassurance that you will, in fact, return.  See:

https://www.willicklawgroup.com/child-abduction-kidnaping-and-recovery/

https://www.willicklawgroup.com/child-custody-and-visitation/

If that is not sufficient, you should consult with a family law specialist.