Anonymous asked in Education & ReferenceStudying Abroad · 6 months ago

who is it up to?

if a mother who has split up with the father wanted to move abroad with her child but the father said no, but the child also wanted to move abroad. who would it be up to the child or the father?

6 Answers

  • Anonymous
    5 months ago

    Depends on the law where the problem arises. You will only get good answers if you state where in the world the problem has arisen and where  the child might be taken to.

  • 5 months ago

    With a minor child, the father absolutely can prohibit his child from being taken abroad, or even outside the state/jurisdiction. Both parents must agree on custody & visitation, and ensure the child can spend time with both parents. The only way the mother can take the child outside the country - unless the father consents & all court-ordered visitation requirements, etc. are met - would be to get a court order of permanent sole custody. The father in such a case would have to relinquish all rights to his child, and the mother no longer gets any child support or anything. Courts are not going to grant any such order without extensive proof one of the parents is extremely abusive, negligent, etc, and the child is in danger. If the mother takes the child out of the country without the father's permission, or a court order of permanent sole custody, the father can have the mother charged with felony kidnapping, etc.

  • 6 months ago

    The parents. Children don't get to make decisions.

  • 6 months ago

    In the U.S., it would be up to the court or a family law judge. If the couple couldn't come to a mediated compromise, one or the other parent would have to go to court to change the custody agreement. 

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  • ?
    Lv 7
    6 months ago

    If the child is under 18 then he has no say. The mother and father would need to work it out between them.

  • Rick B
    Lv 7
    6 months ago

    Neither.  It would be up to the judge.  My divorce decree states that my ex can only move within the current county or contiguous counties.  In other words, she can only move within my current county or the counties touching my county.  That limits her to about a 50 mile radius.   Typically moving to another country would not be allowed unless both parents agreed, and the judge approved it.

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