I live in N Y and have recently filed for divorce, 2 weeks ago and today I find out my spouse has booked a trip to Italy with the kids in July for a what he call a two week vacation. It I just him and the kids. He told me in front of the kids tonight. I felt it was some sort of power move on his part but is he allowed to take kids out of the country before divorce is finalized. Is there an automatic stay order in NY.Answer:
There is no automatic “Stay” to prevent your spouse from taking the kids overseas, but usually the airline and customs will require the signature of both parents when the children leave the country.
Do not rely on this , however. Make a motion to the Court which is hearing your case to prevent your spouse from taking the children overseas without your consent.
Leonard Weiner, Esq/Divorce Solutions