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Can I leave country with kids??

  • 26-12-2012 7:25am
    #1
    Registered Users, Registered Users 2 Posts: 148 ✭✭


    Hi I recently booked Disneyland for 3 nights with my two kids, it's coming up shortly, but problem is my ex is a horrifically abusive person and it was a battle a few yrs ago even to get him to sign the kids passports, I had to take him to court for them in the end (we are still technically married too) and after he started shouting how I was emigrating, lie, with the kids the judge said the court should hold onto the passports and everytime I wanted to leave I would have to apply. I never received any order and just purely forgot to bring the passports to the court. I asked my solicitor if I can be stopped in the airport before I booked and her advice was go for it, of he doesn't know what can he do, so we booked it.
    I'm beyond terrified of getting to the airport and god knows what happening and my poor kids being heart broken. Can I be stopped with them.?? I doubt he knows but know if he does he'll pull something of he can, it's just a game for him. Even though it's an innocent child based trip, if he can do anything to cause trouble for me he will.
    Any advice??


Comments

  • Closed Accounts Posts: 1,082 ✭✭✭Squ


    Eh, i'd go with your solicitors advice.
    I'm hoping you're paraphrasing with the "go for it"?
    I'm sure she had some reasoning behind it.


  • Posts: 0 [Deleted User]


    If you have already got proper legal advice, why come here for a second opinion?

    My thoughts are that you are very silly to mess with the courts, especially where your kids are concerned. If your husband is as you say (though i suspect there are two of you in it) he can make it look very bad for you, and you will lose the courts sympathy too...


  • Registered Users, Registered Users 2 Posts: 148 ✭✭ad1234


    DrDonkey wrote: »
    If you have already got proper legal advice, why come here for a second opinion?

    My thoughts are that you are very silly to mess with the courts, especially where your kids are concerned. If your husband is as you say (though i suspect there are two of you in it) he can make it look very bad for you, and you will lose the courts sympathy too...

    Excuse you two of you in it! Try being put in hospital 17 days before giving birth! And unfortunatly that was one of the nicest of his abuse episodes! So yes he is very vindictive and controlling, even 3 years later! If you knew anything in regards to abusive people you wouldn't suggest I some what deserve this mess as is what I'm taking from that comment!
    This man has been stripped of his visitations too and would happily "get one over on me" if he can, I'm nearly looking for advice on wether or not my solictor was in the right to say as she did or should I open a whole can of worms and end up bringing someone who has my child still in therapy back into our lives. All I want to do is give them a great memory while I can.
    Advice not judgement thanks...


  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    ad1234 wrote: »
    Hi I recently booked Disneyland for 3 nights with my two kids, it's coming up shortly, but problem is my ex is a horrifically abusive person and it was a battle a few yrs ago even to get him to sign the kids passports, I had to take him to court for them in the end (we are still technically married too) and after he started shouting how I was emigrating, lie, with the kids the judge said the court should hold onto the passports and everytime I wanted to leave I would have to apply. I never received any order and just purely forgot to bring the passports to the court. I asked my solicitor if I can be stopped in the airport before I booked and her advice was go for it, of he doesn't know what can he do, so we booked it.
    I'm beyond terrified of getting to the airport and god knows what happening and my poor kids being heart broken. Can I be stopped with them.?? I doubt he knows but know if he does he'll pull something of he can, it's just a game for him. Even though it's an innocent child based trip, if he can do anything to cause trouble for me he will.
    Any advice??

    No one on here should give any advice in what you should do. While you have not received an order an order of the court was made. The court said you had to apply to the court to take children out of the country you have not done that. Read the following section.

    http://www.irishstatutebook.ie/1997/en/act/pub/0026/sec0016.html#sec16

    BTW when you asked the solicitor for advice, was he aware of the court order? If he was I am very surprised he gave the advice he did.


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    I closed this thread. No legal advice available.

    Refer to the charter.


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