Get Your Ex’s Consent To Travel Abroad With Your Minor Child, Avoid Feeling Like You Just Went Over Niagara Falls in a Barrel!

child_travel.jpgIf you are planning a foreign vacation this summer, you had better plan ahead to determine all the necessary travel documents that you will need.  This can be a much more complex issue than one might think.  A good place to start is the U.S. Department of State International Travel website or you can call them at (877) 487-2778.

I do not intend to try to outline all the various documents required for each international destination, but rather to alert our readers of a requirement that is more obscure.  In recent years, concerns about international child abductions have increased; and as a result, new travel restrictions have been imposed including border officials becoming much more cautious when they encounter a child traveling without both biological parents.  Just having a child’s birth certificate is not enough.  It is wise to bring a copy of the legal custody orders with you.  But in addition, did you realize that a child departing the U.S. and traveling with only one parent, grandparents, a guardian, or another adult or group, must have a notarized Travel Consent Authorization document from both birth parents or legal guardians?

This is true even if you are planning a quick … Read More... “Get Your Ex’s Consent To Travel Abroad With Your Minor Child, Avoid Feeling Like You Just Went Over Niagara Falls in a Barrel!”

Child Abduction a Worry? Do You Have a Passport Block in Place?

abduction.jpgFor those of you that read our Ohio Family Law Blog regularly, you are familiar with problems that may arise when your children travel internationally.  Specifically, one parent may abduct your child to his or her home country.  Another issue may be that you send your child to visit his or her parent in another country and that parent refuses to allow the child to return.  If the country that the child is in is a signatory to the Hague Convention, there are mechanisms that may assist the parent in obtaining the child’s return.  This process, however, can be costly, time consuming, and produce uncertain results.  So you ask, what steps can you take to protect your child from ever being placed in that position?

The United States Department of State has anticipated that very problem and has instituted a program that may alleviate some of those fears.  The Children’s Passport Issuance Alert Program (“CPIAP”) was established to fight child abduction of any kind.  Essentially, the program creates a protocol where a parent or both parents is contacted if there is a passport application made on behalf of a child who is registered.  The parent who is notified then has … Read More... “Child Abduction a Worry? Do You Have a Passport Block in Place?”

Contempt Remedies for Non-Compliance with Court Orders

contemp.jpgFactual Scenario:  The Final Judgment and Decree of Divorce has finally been executed by the parties and has been filed with the Court.  But, alas, Husband finds that Wife is not willing to pay what he is supposed to receive from her; and Wife is not forthcoming in dividing the U.S. Savings Bonds that were acquired during the parties’ marriage; and she is refusing to convey to Husband certain household goods and furnishings as directed in the Final Judgment and Decree of Divorce.

What remedies does Husband have?

The Court does not have a “police force” or “private investigators” to monitor compliance with Final Decrees or Agreed Entries.  There simply is not enough money for the Court to examine whether or not former spouses are following the mandates of their Decrees.  In order for the Court to learn about a party’s non-compliance, the former Husband must file a Motion asking the Court to find his Ex-wife in Contempt of Court for her willful failure to comply with certain terms of the Final Decree or Agreed Entry.  Another name for the same action is for Husband to file a Motion to Show Cause why Wife should not be held in … Read More... “Contempt Remedies for Non-Compliance with Court Orders”

Concerned About How Your Children are Coping? Here is a Valuable Resource!

kidscent.jpgI am constantly scouring the web to find valuable information to post here. I was pleased to recently find an excellent website geared towards children’s issues. Kids’ Turn Central was a new find for me, but probably not for many parents and teachers. Wendy Hogan has cleverly integrated a plethora of diverse material, games and activities that are fun, safe and educational for children, including some cool “clipart”, into the website. She launched Kids’ Turn Central in September of 2001.

The page that I wanted to bring to your attention lists numerous books, child rights organizations, and other resources focused on children of divorce. With Wendy’s permission, below is a sample of its content. It is worth your time to check her website out thoroughly! I’ll bet that you will find material that will be both beneficial and fun, too!

It’s a fact. Every year millions of kids must go through parents divorcing.

If your parents are happily married you probably have at least one friend who has divorced parents.

The resources below are meant to assist both kids going through divorce – and kids who want to help understand what a friend might be going through.

Divorce Sites for

… Read More... “Concerned About How Your Children are Coping? Here is a Valuable Resource!”

Adjustment Tips: Do You Have a Child Living in Two Homes?

twohomes.jpgThrough the divorce process, children deal with many changes. One of the most significant adjustments children have to make is living in two homes. Even if a child visits one parent for a few hours a week, the child should feel at home there. This helps foster connection with the non-custodial parent and helps the child to recognize that the non-custodial parent didn’t “divorce” him/her. Issues of abandonment and rejection are paramount for children of all ages, although the young ones can’t express it and the older ones either won’t or they “act out.” Creating a sense of belonging in both homes assists the child in making a healthy transition. Many children actually enjoy having two homes because they get special attention; often have two birthday parties and two sets of Christmas or Chanukah gifts.

Here are some tips to help children adjust:

  • The child should have her own room. If this isn’t possible, she should have her own space in a room – her own dresser drawer, a toy bin, some shelves.
  • He should be allowed to keep his things in that space and arrange them as he wants to.
  • Let the child help decorate the space. By picking
… Read More... “Adjustment Tips: Do You Have a Child Living in Two Homes?”

In Camera Interviews of Children in Divorce Court

camerain.jpgWhat is an in camera interview? The phrase “in camera” is a Latin term defined in Black’s Law Dictionary as: “In chambers; in private.”  The interview does not involve a camera or a videotape at all!  If a party is asking for the Court to have an in camera interview of a minor child, the request is for the Judge or Magistrate to interview the minor child privately with neither parent or his/her attorney being present.  An Appellate Court in Michigan said it very well years ago . . .

“A child custody determination is much more difficult and subtle than an arithmetical computation of factors.  It is one of the most demanding undertakings of a trial judge, one in which he must not only listen to what is said to him and observe all that happens before him, but a task requiring him to discern and feel the climate and chemistry of the relationships between children and parents.  This is an inquiry in which the court hopes to hear not only the words but the music of the various relationships.”  Dempsey v. Dempsey, 96 Mich. App. 276, 289 (1980).

What is the goal of an in camera… Read More... “In Camera Interviews of Children in Divorce Court”

What is The Purpose of the Ohio Putative Father Registry?

puronlineform.jpgLately, it seems that I have had more and more of my male clients coming in to see me to discuss issues relating to paternity.  There are so many myths out there about what needs to happen to establish paternity and the possible outcomes of failing to do so, that it never ceases to amaze me!  Perhaps the most serious outcome that many people are unaware of is that a “putative” father can have his child adopted out to someone else without his consent if the appropriate action has not been taken.

In Ohio, a person is presumed to know that if he has had sexual relations with a woman and she becomes pregnant that the child may be adopted without the father’s consent once the child is more than a month old.  As a way to counteract this result, the Ohio State legislature mandated the creation of the Ohio Putative Father Registry.  The purpose of the Registry is that a person who believes that he may have fathered a child can now establish the legal right to be notified of any hearings where the mother either voluntarily or involuntarily gives up custody rights to the child.  The “putative” father … Read More... “What is The Purpose of the Ohio Putative Father Registry?”

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