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Tag: consent

Custody order says mother and child can’t leave the state. Is that legal?

If custody order says mother and child are not allowed to leave the state, is there any chance the court would allow them to go on a vacation to another country if the father says no?

I cannot speak for all jurisdictions, but I can answer the question based upon the law where I practice divorce and family law (Utah):

First, if the court were to order a parent not to leave the state (just the parent, not the parent with the child), that would likely be held unconstitutional, as a civil court does not have the authority to infringe upon an individual’s right to travel without a compelling reason.

Second, if the court were to order a parent not to leave the state with the child, that may be within the court’s authority to do so, especially if:

  • there were evidence that you have tried to abscond with the child to a foreign country (whether the foreign country is beyond the reach of the Hague Convention) or are at risk of absconding with the child to a foreign country.
  • the custody award, such as a joint physical custody award, was conditioned upon the parties residing within a certain geographical distance of each other.

That stated, if:

  1. there is no concern about you absconding with the children to a foreign country, never to return;
  2. the foreign country to which you want to travel on vacation is not a dangerous place (i.e., a place where Americans are routinely kidnapped or killed and/or where there are wars, insurrections, and/or dangerous natural disasters occurring);
  3. there is no harm that a child would suffer by traveling with you internationally (such as a certain health or medical or mental health condition that makes international travel a serious danger to the child), I cannot see any reason why a court would deny you the right to travel to a foreign country on vacation; and
  4. there is no other compelling reason to deny you and the child(ren) the opportunity to vacation internationally,

I doubt that any court would bar you from travelling internationally with the child(ren).

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/If-custody-order-says-mother-and-child-are-not-allowed-to-leave-the-state-is-there-any-chance-the-court-would-allow-them-to-go-on-a-vacation-to-another-country-if-the-father-says-no/answer/Eric-Johnson-311?prompt_topic_bio=1

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Can I kick my spouse out of the house without his/her consent?

Can I kick my spouse or our children out of the house or even off the property without their consent when it becomes clear that my spouse and I are headed for divorce?

Can I kick my spouse or our children out of the house or even off the property without their consent when it becomes clear that my spouse and I are headed for divorce? What about if my spouse is being abusive or making threats? What about if my spouse is a substance abuser and doing dangerous things?

Well, believe it or not, there is a statute in the Utah Code that treats this very subject: Utah Code § 30-2-10, entitled “Homestead rights — Custody of children”. And here is what it provides:

Neither the husband nor wife can remove the other or their children from the homestead without the consent of the other, unless the owner of the property shall in good faith provide another homestead suitable to the condition in life of the family; and if a husband or wife abandons his or her spouse, that spouse is entitled to the custody of the minor children, unless a court of competent jurisdiction shall otherwise direct.

Utah Family Law, LC | divorceutah.com | 801-466-9277

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Does a common law marriage automatically apply?

Does a common law marriage automatically apply if a couple is living together for a certain amount of years?

No, at least not in the jurisdiction where I practice divorce and family law (Utah).

Here is what must be proven (or stipulated between the litigating parties) under Utah law to establish a common law marriage (a marriage “not solemnized” means a marriage that is not formally/officially performed by one authorized to perform marriage ceremonies (like a religious leader authorized to perform the religious rite of marriage or judge who is authorized to perform a civil wedding ceremony):

30-1-4.5. Validity of marriage not solemnized.

(1) A marriage which is not solemnized according to this chapter shall be legal and valid if a court or administrative order establishes that it arises out of a contract between a man and a woman who:

(a) are of legal age and capable of giving consent;

(b) are legally capable of entering a solemnized marriage under the provisions of this chapter;

(c) have cohabited;

(d) mutually assume marital rights, duties, and obligations; and

(e) who hold themselves out as and have acquired a uniform and general reputation as husband and wife.

(2) The determination or establishment of a marriage under this section shall occur during the relationship described in Subsection (1), or within one year following the termination of that relationship. Evidence of a marriage recognizable under this section may be manifested in any form, and may be proved under the same general rules of evidence as facts in other cases.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/Does-a-common-law-marriage-automatically-apply-if-a-couple-is-living-together-for-a-certain-amount-of-years/answer/Eric-Johnson-311

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Can you divorce your spouse even if your spouse does want a divorce?

Yes.

This is what is known as “no fault divorce”. Every state in the U.S. has no fault divorce laws.

Many people believe that “no fault” divorce means that one cannot get divorced without being at fault. No, it means just the opposite.

No fault divorce is the process of filing for an obtaining a divorce without being required to prove marital “fault”. Instead, all one has to do to file for a no fault divorce is allege incompatibility or irreconcilable differences such that the marriage cannot or should not continue.

One does not need to prove things like adultery, physical abuse, alcohol or drug abuse, emotional cruelty, etc. to obtain a divorce. No fault divorce means one can get a divorce for no reason at all, but simply because one does not want to be married anymore.

Some people believe that you cannot get divorced if your spouse “refuses to sign the papers”. Not true. Your spouse does not have to consent for you to get divorced. Your spouse cannot prevent the court from granting you a divorce by “refusing to sign the papers” because “your spouse signing the papers” is not required to obtain a divorce.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/Can-you-divorce-your-spouse-even-if-they-dont-want-to/answer/Eric-Johnson-311

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