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Should I allow a trip to the USA?

My ex has expressed a wish to take my son to the states for a month in October, there are concerns about return

Thank you for your help Mike T.

Unfortunately, I suffer a perceptive dyslexia, which means if any of these documents/cases are written in legal jargon, then I have little chance of understanding them or even reading that much.  As it is, if they are written in a language that everyone can understand, I will only get through a few.

My eldest son who lives with me 100%, came home last night saying his mother had them all photographed at the post office and that she and her mother are now getting the passports done.  He said the wedding is now apparently in March, not May, which is what the ex told me.

Is there anything I can do right now to try and stop this, like go to the court by myself and ask for a court order, or do I simply wait till I tell her no and she then takes it to court?

Will the outcome of who ever takes it to court, be the same?


It riles them to believe that you perceive the web they weave!
            Here's a link in regards to the Airport Watch List AFP Airport Watch List Webpage, which basically says that you have to apply to court to prevent a child being taken overseas. However, what you have not done is to state what I believe would be considered by the courts as reasonable grounds for such an order as your post comes across as indicating a dislike of the idea rather than as evidence of a risk of the other parent removing the children (not saying that you don't have the grounds rather that this is the way in which you would be most likely to succeed).

What you could also do is contact the Passport Office and notify them that you, as a person with parental responsibility for the children, understand that the other parent may be attempting to circumvent your not consenting to the passports being issued. This could allow them to look for such an application. However, according to the Australian Passports Act 2005 a passport can only be issued with the consent of each person with parental responsibility for the children. Here's a link to the relevant page of the Australian Passport Office's website.

If it were me then I'd also be composing a letter along the lines as I did as this could then be used to set conditions and circumvent court action which may result in conditions that are unfavourable. It would also, I think, be presentable as evidence of your ability to be cooperative. I'd suggest that unlike myself you include some security for non return.

Who's wedding may also be an important issue. If it's the other parent then it could be considered as important to the best interest of the children. If it's a rarely seen far off relative then that would carry less weight of importance.
Thanks Mike T.

Sorry, in my ramblings I did not clearly state my objections.

Where I said I do not trust the woman; it is for this reason I fear she is a likely flight risk.  She has little to keep her here and I wouldn't put it past her to leave Aus on this trip, then not return.

The wedding is for her sister.  The ex, the children and I, live 4 hours away from our capital city, which is where the sister lives.  So, it is rare that the children get to see or spend time with this Auntie.

The children have just this weekend, met the American fiancee of their Auntie, so that cannot be a reason for them to travel to the US.

I also have fears of misadventure for my children.  There are real issues of my ex not being able to control the boys.  One in particular could be quite troublesome to her and if there was a bad situation, she would not be able to handle this and this alone could put the children at great risk, especially if one of them decided to run off and then get lost or be picked up by strangers.

I never have these issues with any of my children, because they respect me and my authority.  They rarely try to bang heads with me, mostly because although I am forthright in how I care for my children, I am also very respectful and do all things in a loving manner.  In other words, I am simply a normal dad who loves his kids!!

Anyway, I have not heard from the ex after she returned home last night, but aparently she has already been set in motion the applications for passports and had the childrens photos taken.

Thanks again Mike T.

It riles them to believe that you perceive the web they weave!
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