If you wish to stop him from taking the children away you should obtain an Order of the Court that will prevent him from leaving the country. The Order can specify that he deposit his passport with the clerk of the Court. Assuming he will obey the Order this step alone may be quite effective.
However, it is not always so simple. Other factors come into play: has your husband just said it once when you two were having an argument, or has be stated it repeatedly? Do you believe the threat is real, and if so why? How old are the children? How often have you denied him access to the children? These, just to name a few…
I had a client who sent me a very “urgent” e-mail saying that her husband posted (on Facebook) his plan to “escape” with the kids to the USA. When I contacted her to say she should go to see another lawyer immediately (as I could only see her in three weeks) she responded by saying, “I will wait for the appointment with you. I have his and the children’s passports at home and there is a ‘no contact’ Order between us as he is waiting for his criminal trial for assaulting me.”
How urgent is “urgent” and how real is the “threat”? Only you know the answer as you know your husband the best. If you are really concerned consult a lawyer who can assist you to obtain an appropriate Order.
Dr. Anita Dorczak, is a Lawyer , Mediator and Collaborative Practitioner. She practices alternative processes that let clients resolve divorce and family disputes outside of court-making the divorce process easier and less confusing. Dr. Dorczak uses her skills to provide reasonable solutions to clients’ problems with the least possible time, cost and stress.
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