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    kath21's Avatar
    kath21 Posts: 1, Reputation: 1
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    #1

    Jan 9, 2012, 05:40 PM
    Can my ex stop me from taking my daughter away?
    I have already spoken to my x 3 weeks ago about taking our daughter interstate for 5 nights. He agreed on that as long as I would give him an extra day being Boxing Day. He has had that extra time on Boxing Day with her. Now my time is coming very near to fly interstate he is trying to stop me. We have no court orders or anything at the moment.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jan 9, 2012, 05:44 PM
    ANY question on law needs to include your general locale as laws vary by area.

    If there are no court orders then you have equal custody and equal rights to your child.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jan 9, 2012, 05:50 PM
    No Court Orders? The person who has the child in his/her custody controls the child and visitation. "He" wouldn't have to bring her back. You would have to go to Court and get her back - if that's what the Judge says.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jan 9, 2012, 05:51 PM
    Quote Originally Posted by kath21 View Post
    I... Now my time is coming very near to fly interstate he is trying to stop me. ...
    He is threatening to keep you from taking the child with you when you return home? You should be aware that, unless he can claim some sort of emergency, he would have to file in the child's home state. How old is the child?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jan 9, 2012, 06:31 PM
    Quote Originally Posted by AK lawyer View Post
    He is threatening to keep you from taking the child with you when you return home? You should be aware that, unless he can claim some sort of emergency, he would have to file in the child's home state. How old is the child?

    I have a question - there is no Order and the father has the child. The child has "apparently" (yes, I know, it's an educated guess) been staying with the father. The mother (the child "apparently" lives with the mother) is now going to fly to pick the daughter up.

    If the father refuses to surrender the child doesn't the mother have to file to get the child back - and that, of course, would be in the State where the child resides.

    Or am I mistaken about how this would work?
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