Child Custody & Travel Restrictions: Can Your Spouse Prevent International Travel?

Question
could my husband take me to court to stop me taking our two children aged 9 and 1 to south africa for a two week holiday, non-malarial region, with a very reputable company because he says south africa is not safe?  we are married and live together but have many disagreements and i said i really wanted to take them but he refuses to go (i want him to come but will go alone if necessary with them because he is refusing to go) and says he will stop me. can he?  could he actually take me to court over this issue?  i am pregnant at the moment and it is one of my dreams to take my son and the next person to see the elephants in africa and help out in the community (with hands up holidays) he said he would use money left on our credit card to fund the court and i would find it difficult to get money for going to court as i on't work. stressed

Answer
Hi Elizabeth~

I don't know what UK laws are but here in the US, he could take you to court, but he'd have to pay court fees, and then there would be a waiting period for a court date too.  So he'd have those two things going against him.  Not to mention that b/c you're legally married he can't tell you where and where you can't take the children, unless there is a court order in place preventing you from leaving the country.  Chances are the court will not listen to his plea b/c it's not a good enough reason to keep you from going on vacation.  Plus it would just make him look desperate and stupid for causing a huge scene like this.  It's not worth arguing with him over, just take them on vacation and then I'd assume you have to deal with it when you get back.  It's very unlikely that he'll be able to stop you from going though.