Saturday, April 12, 2014

Can husband ban me from taking my twin 16 year olds to visit family in Canada?

Q:  After more than 16 years in a controlling marriage I am just trying to make it to the boys graduation before they go to college and I find my separate place to live. But my husband has now banned me from taking the boys to visit our family in Nova Scotia. I have done this trip every other year on a regular basis but now he says I can go nowhere without him. I do not want to travel with him! I desperately want to have time away Does he have the right to stop me from traveling with our sons?

A:  David's Answer:  Do you have passports for the children? If yes, then in what way is he "banning" you from going? If you have passports & de facto custody of the children, then you're free to travel with them with our without his consent. That said, you're best advised to file a petition for an order of sole custody from the Family Court. Speak to a Family Law attorney in your area for more info.   -- David Bliven, Westchester Family Law attorney (

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