Reply to Served with Summons for child custody days before planned trip

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Reply to "Served with Summons for child custody days before planned trip"

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Just go and say you didn’t get the paperwork til after the trip. What’s he going to do?[/quote]

He may not have to do anything.  [b]It is against the law to take a child out of the country without consent from the other parent.  [/b]The court will have a record of the date that the summons was served and if she takes her child out of the country, and the ex-spouse says something at the custody hearing, the court has the power to sentence her to a fine or even jail time under federal kidnapping laws.  It usually doesn't come to that, but if it is clear that the spouse either had no idea that this was occurring (e.g. you didn't ask permission) or explicitly did not grant consent, the judge often chooses some sentence depending on the situation.  In most cases, when the child is returned, and there is no court date pending, nothing happens.  But in this case, they already have a custody hearing, so there is a perfect venue for this complaint already scheduled.  Very dangerous to do it under these circumstances.  I recommend that you communicate with the ex-spouse and if he does not consent, then cancel and reschedule the trip for after the holidays.[/quote]

But isn't that something that the custody arrangements usually spell out? It doesn't sound like OP and the father of her child were ever married; they don't have any formal custody arrangements or child support in place yet.  Are you telling me that there is a blanket prohibition in the law against taking a child on foreign trips without the consent of the bio parent, regardless of the legal arrangement between the parents?[/quote]

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