# Can a mother take children out of the state without father's permission?



## Mac36 (18 Mar 2009)

Hi,

A friend of mine has asked my advice but I don't have enough knowledge of this topic to advise her so I thought I would put the question out here in the hope of some help. She has been married for 15 years or so and has three children. The marriage is over and she would like to make a fresh start out of Ireland. She is wondering if it will be possible for her to take the children with her if their father does not agree with them leaving. I have advised her to consult a solicitor but in the interim any advice would be deeply appreciated.


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## mf1 (18 Mar 2009)

Hague Convention (?) is hovering in the back of my mind. It would essentially amount to kidnapping if he does not agree and would require a Court  Order. Unless the kids are over 18. 

It can also be a dreadful thing to do to both kids and the 'left behind' parent making contact even more difficult. Even if relations are strained, a Court will have very strong regard  to the bond between parent and child. 

So, its not just her  decision here.

mf


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## Mac36 (18 Mar 2009)

Hi MF,

Thanks for your reply.  No, the children are all under 18.  Without doubt it is a terrible situation and moving out of the country may seem extreme.  I don't want to go into too much detail but lets just say that alcohol has played a major factor in this case.  Despite numerous promises etc.. no change.  

I do take on board your point though.

Thanks.


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## Mommah (18 Mar 2009)

A friend of mine who married a french guy and had 2 kids and subseqently divorced (she says alcohol/depression on his side) is stuck living in France as the custody arrangement specify the kids must stay in France.


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## gillarosa (18 Mar 2009)

No, he would be entitled to request to have them returned to the State if he so wished.
While one parent may have an addiction problem behaviour such as that doesn't bode well, the other partner may need to bite the bullet for the duration of the years which the Children are minors unless they can come to a legal arrangement with the father.


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## gabsdot (18 Mar 2009)

The father can petition to prevent the children leaving the state but he may not be successful. 
I know a guy whose children were taken to south America by their mother and her new husband despite his resistance.


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