Waliagha v. Kaiser
| Decision Date | 16 July 2008 |
| Docket Number | No. 2D06-5374.,2D06-5374. |
| Citation | 989 So.2d 660 |
| Parties | Mohamad Amjad WALIAGHA, Appellant, v. Katrina KAISER, Appellee. |
| Court | Florida District Court of Appeals |
John D. Hawkins and Sacha Ross of Grimes Goebel Grimes Hawkins Gladfelter & Galvano, P.A., Bradenton, for Appellant.
Katrina Kaiser, pro se.
Mohamad Amjad Waliagha, the former husband in this postdissolution action, appeals from the order denying his motion for relief from an ex parte order that prohibits him from traveling outside of the United States with his minor children1 and denies his motion to enforce the terms of the marital settlement agreement. We reverse.
The former husband made plans to travel with his children to Syria and Italy. When he tried to obtain passports for the children, his former wife, Katrina Kaiser, refused her consent. She claimed that because her former husband and their children are dual citizens of Syria and the United States, she feared that the former husband would not return the children to this country. The former husband, relying on a provision in the parties' marital settlement agreement that states, "[b]oth Husband and Wife may leave the country with the Children for scheduled custodial periods," sought an order requiring the former wife to complete the paperwork necessary to obtain passports for the children. This prompted the former wife to seek an injunction to prevent the children from traveling outside the United States. In her sworn motion, the former wife cited the worsening political situation in Syria and her fear that her former husband would not return the children. In support of her motion, she attached a United States Department of State Consular Information Sheet on Syria. Based on this information, the trial court entered an ex parte order that prevented the former husband from taking the children outside the Twelfth Judicial Circuit.
The former husband moved to set aside the ex parte order and sought enforcement of the provision of the marital settlement agreement that allowed him to travel outside the country with the children. After an evidentiary hearing, the trial court modified its earlier order to allow travel within the United States, but it refused to allow travel outside the United States. The court concluded that it could refuse to enforce the parties' marital settlement agreement because it was not in the best interests of the children to allow them to travel to Syria. In reaching its decision to restrict...
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