Just served divorce papers by my wife yesterday

Posted by: Tbrook

Just served divorce papers by my wife yesterday - 11/21/15 02:12 PM

We have a paid for vacation that takes us out of the country in two weeks. Obviously, no custody has been determined, as we haven't been to court. As far as she is concerned, she is still taking the children, ages 6 and 8, on the cruise. I am not going to be allowed to go even though I contributed financially to the trip. I have some reservations about her taking the children without me. Can I petition the court to not allow her to leave the country without my authorization?
Posted by: TJMH

Re: Just served divorce papers by my wife yesterday - 11/21/15 07:58 PM

Take a look at the papers you were served. Usually the divorce petition includes standard Temporary Restraining Orders on both spouses, and one of those likely prohibits either party from removing minor children from the court's jurisdiction (basically your county or state) without written permission from the other parent.

However, if you're not really worried about your wife "stealing" the kids, it might be best for the kids if you sign off and let them go. But make sure your wife is aware that she needs your permission for that sort of thing.

As for you going, I don't see how your wife could prohibit you from going particularly if you helped pay for the trip. But do you really want to be cooped up on a cruise ship with the woman who just served you divorce papers? Might be more enjoyable to have a little time to yourself, and maybe plan something of your own with the kids that your wife can contribute to financially to even things up.

But that also raises the question, do your kids know about the divorce yet? What do you tell them if all of a sudden Dad isn't going on vacation with the family? If you and your wife haven't had a serious discussion about how, when & what to tell the kids, you need talk about that ASAP.