Exiting jurisdiction.

queueeye

Hi all,
Is it legal for one married parent to take dependant children out of the state without the other parents permission.
It would be for work purposes for a protracted period.

Thanks in advance.

Kimbot

It would depend, are both parents listed on the childs birth cert? If so then both need to complete the passport form etc and one parent will need permission from the other to leave the country etc.

Indricotherium

queueeye wrote: »

Hi all,
Is it legal for one married parent to take dependant children out of the state without the other parents permission.
It would be for work purposes for a protracted period.

Thanks in advance.

Is an objection from the other parent anticipated?

queueeye

Both names are on the birth certificate. Passport exists and there would be an objection.

infogiver

queueeye wrote: »

Both names are on the birth certificate. Passport exists and there would be an objection.

The family court judges are well well used to dealing with these cases. The "objecting" parent can go to court and make their case and the judge will hear them.
It's not a question of legal/illegal, it's more a question of reasonable/unreasonable.

Johnson_76

All depends on whether both parents are guardians?

infogiver

Johnson_76 wrote: »

All depends on whether both parents are guardians?

If the children have passports then either:
1. Both parents were present in the Garda station to sign to give consent that a passport be issued or
2. The custodial parents swore an affidavit in front of a commissioner for oaths that the children only had one parent.
If it's no.2 then it's going to be very difficult for the parent who swore the affadavit

lifeandtimes

It actually really depends on the security clearance at the airport,if a single parent is taking their child on holiday then they may find resistance at an airport by a guard being through(especially if they have different surnames) , if they suspect something them they won't allow passage, also if the other parent/ guardian gets wind of it without given permission they can call the guards who will inform airport security who will be on the look out.

However the opposite can happen, my ex asked my permission to bring our child on holiday which I was more then happy to give,our child has a double barrel name and she met not issues at the airport

So to answer your question no it is not legal to do so,get the other parent permission and if they refuse you can go to court to let a judge know who will hear both sides and give a verdict

Victor

https://en.wikipedia.org/wiki/Hague_Convention_on_the_Civil_Aspects_of_International_Child_Abduction

Note that this can see you sent back to the first country for the matter to be decided there. You can't jurisdiction shop.