over seas visitation...

[demihaley]

My ex husband is in the army. He is going to Germany for 3 yrs. We both have joint custody of our 3 kids. Here is the problem, The judge ordererd that when he came home for his R&R that he have the kids for up to 2 wks of his leave. There was no problem with that except, when he came home they were in school. I told him he could get the kids on the weekends cause we stay in another state, But he could also get the kids for the full 2 wks if he would get a hotel here and send the kids off to school during the wk and have them all day on the wknds. He said that wasnt enough and the judge ordered that he have them for 2 full wks and that I needed to get there homework for those weeks and they were just gonna have to miss school. Am I wrong for telling him that? I did not tell him that he could not see the kids at all i just said sure you may get them on the weekend if your not gonna stay here during the week to send them off to school. Would a judge hold me in contempt for that? And if so why? Issue number two. When my ex goes to Germany he is gonna be there for 3 yrs he has visitation in the summer. OK no problem, but first he want the kids to fly over there with a stuartess. Our kids are 4,8,9. They have never flown before and neither one of us will be on the plane with them for this excrutiating long flight. My 2 youngest are terrified of heights. I told him I think it would be best if he took the flight with them he said no. Im not really comfortable with my children flying over seas with niether parent first and foremost. So I told him no I was gonna send them on a plane with neither one of us on it with them. He is now taking me to court for visitation enforcement. And after doing some research I really dont trust him to return the children to me once the visitation is over. Germeny has there own laws and He could keep them and not return them regardless of a court order here. Can I ask the courts to order visitation strictly in the US, and if so how likely is this to happen? What guildlines or stipulations would be taken into consideration?

 

[rachael]

I thought kids can't leave the U.S without both parents consent...So if you don't consent....

 

[Proserpina]

I thought kids can't leave the U.S without both parents consent...So if you don't consent....

That's not necessarily true - the court CAN allow Dad to (for example) accompany the children from the US to Germany and back even if Mom doesn't want it to happen.

Mom, what are your current custody/visitation orders? Has Dad had consistent, regular visitation with the kids?

(With regards to German laws, both the US and Germany are Hague Convention signatories - both will generally help to enforce a court order if necessary)

 

[demihaley]

after our divorce he was to get every other weekend and a day or two during the week. a couple months later I moved back home to my home state MI. then he took me back to court for visitation to get a guideline of it with me being out of the state. he was said to get the kids on thanksgiving for one week, one wk in dec before he deployed,(which he didnt get them, and he only kept them for 3 days in nov) then he was to get them on his r and r for up to 2 wks. and any other visitation he wish to pursue under the ky visitation guidlines.

 

[army judge]

Most airlines will not allow smaller children to fly without an adult accompanying them on international flights. Do the kids have passports?



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[demihaley]

no they do not have passports. So they cant fly international even if he was to pay for someone to accompany them through the airlines and how long does it take to get a passport?

 

[Proserpina]

no they do not have passports. So they cant fly international even if he was to pay for someone to accompany them through the airlines and how long does it take to get a passport?

They can't fly international without a passport, obviously...

..and in this country, if you have joint custody you need BOTH parents - if the children are under 16 - to sign the passport application.

A judge CAN order the unwilling parent to sign the passport application.

for what it's worth, some airlines are fine with children as young as 9 flying international alone - but it's moot if Dad accompanies them, or if Dad pays for another relative to accompany them.