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My partners ex is wanting to take the children out of the country. Their divorce is not finalized. It is a high conflict divorce and her partner is a citizen and lives in that said country. They are also engaged. We worry that she may not return with the kids as they are driving not flying. The kids don’t have passports. So there’s no way of tracking their whereabouts if Something happens. We also stated in our denial we could revisit the idea next year if they could be on better more trusting co Parenting terms, they are arguing we are denying for no good reason, but mistrust and all the factors with it make us nervous. We have shared custody now but she fought tooth and nail to completely remove dad from the picture. Would this hold up in court?
01 day ago
Dawn Nelson - Dawn L. Nelson, Barrister & Solicitor (Edmonton) Verified Lawyer
Hi Nadia,
Please do not try to solve your partner's problems for him. If it was a high conflict divorce, he would have had a lawyer (maybe more than one) and he should go back through the advice he has already received about consent to travel. This is a routine discussion in all family files and often a major conversation in a high conflict situation. Even basic Separation Agreements or Minutes of Settlement address this issue as a matter of course. Have him review his paperwork; it is likely already answered there.
You have no reason to be "nervous." You do not have shared custody. You have no legal standing to be involved in this at all. Perhaps recommend to your partner that he speak to a lawyer in a private and confidential setting to discuss his options.
There are many factors that go into deciding if someone is taking a reasonable position or if they are unreasonably withholding consent to travel. How long is the trip? Is the destination a country that is party to the Hague Convention? What do the divorce documents say (either court orders or separation agreement)? Is there a history of over-holding? Would the other parent put up a monetary bond to secure the non-travelling parent's consent to travel? Your partner needs specific legal advice. Paying for a consultation before the trip will be more cost efficient than paying for the legal battle to bring kids back from another country later.
PS: Passports do not "track" anyone, other than that they were admitted to a country. Once in that country, there is no "tracking." Although the USA technically allows children to enter over land without a passport, they are getting more demanding under the current US Administration.
06 hours ago
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