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    lillymax's Avatar
    lillymax Posts: 3, Reputation: 1
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    #1

    Jul 26, 2010, 09:09 AM
    Can I leave the state or country with my 2 children
    I am separated and need to get away from an abusive relationship to our children's father. I have 2 children to him aged 2 and 10 months am I able to leave the state or country or just move somewhere in the same state I am in
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jul 26, 2010, 09:15 AM

    That depends on whether you are subject to any court orders for custody or visitation. You said you were separated, is this a legal separation under court order. Does he visit the kids, will you need or have you filed for support?

    You can't leave the country without showing both parents permission. If you move and do not tell him where you are, you could be charged with parental kidnapping. If there are court orders governing custody and visitation, you cannot move without court permission if it will affect his visitation. If there are orders, you could move, but might be forced to move back if he files for visitation.

    You really need to consult an attorney for all your options.

    P.S. Please don't post the same question multiple times. This is the correct forum for your question. The other has been removed.
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
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    #3

    Jul 26, 2010, 09:22 AM

    You say he is abusive, so file police reports and bring these reports to the court and obtain restraining order (or in some state called protective order) so he can't get near you and the kids. Then file for a divorce. Domestic abuse is considered "fault" in most state so you don't have to wait.

    Do not run with the kids.. you will be charged with parental kidnapping which is federal crime. You need to have clear record in order to get child custody. Consult attorney or legal aid in your area.

    Take care and good luck.
    lillymax's Avatar
    lillymax Posts: 3, Reputation: 1
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    #4

    Jul 26, 2010, 09:42 AM
    Quote Originally Posted by ScottGem View Post
    That depends on whether you are subject to any court orders for custody or visitation. You said you were separated, is this a legal separation under court order. Does he visit the kids, will you need or have you filed for support?

    You can't leave the country without showing both parents permission. If you move and do not tell him where you are, you could be charged with parental kidnapping. If there are court orders governing custody and visitation, you cannot move without court permission if it will affect his visitation. If there are orders, you could move, but might be forced to move back if he files for visitation.

    You really need to consult an attorney for all your options.

    P.S. Please don't post the same question multiple times. This is the correct forum for your question. The other has been removed.
    Thank you for this answer and sorry to multiple questions, I am new at this and was not sure if I was doing it correctly. I think that I have left things too late. I have not laid any charges against him so no record, he has smashed things up in the house and still I have not called police, At the moment I am not letting him in the house but am afraid that he will smash door down, he has done this before. He physically and verbally abuses me in front of children and I have had enough. I am registered with CSA child support agency. OK now I no I can not leave can I stop him seeing me and children when he comes around, shall I call police as soon as he comes around? He has keys to my house, shed, or he can smash his way in. I do not have the funds to get a lawyer, he does, and I am sure that he will fight me in court for visitation. This is where I suppose as long as he visit kids away from my home, he can not hurt me
    lillymax's Avatar
    lillymax Posts: 3, Reputation: 1
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    #5

    Jul 26, 2010, 09:45 AM
    Quote Originally Posted by lawanwadee View Post
    You say he is abusive, so file police reports and bring these reports to the court and obtain restraining order (or in some state called protective order) so he can't get near you and the kids. Then file for a divorce. Domestic abuse is considered "fault" in most state so you don't have to wait.

    Do not run with the kids.. you will be charged with parental kidnapping which is federal crime. You need to have clear record in order to get child custody. Consult attorney or legal aid in your area.

    Take care and good luck.
    Thank you for advice, I will call legal aid in the morning
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
    		  
    #6

    Jul 26, 2010, 10:10 AM

    Go file police report first thing, it can be reported back to the date the incidents occurred. In many states, police are very helpful with this kind of situations.

    Bring the police report and other documents to family court, ask court clerk how to file restraining order, you don't need an attorney for this but you will need one for divorce, child support, child custody, etc.

    Contact women shelter in your area, they can also help you and your children. Find resources here: Help in Your Area National Domestic Violence Hotline
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #7

    Jul 26, 2010, 11:23 AM

    Yes, you need to call the police and file a report anytime you feel threatened.
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