BRAD PITT ANGELINA JOLIE DIVORCE: CAN SHE PREVENT BRAD FROM SEEING HIS KIDS?
So, the question presented is whether Angelina Jolie can legally prevent Brad from seeing his kids. Well, parents can’t just pick up and take off with the children under normal circumstances. There has to be a showing of domestic violence and abuse and usually the parent would go to court and get an order of protection or exclusive occupancy of the marital home. There has to be an urgence or emergency that would justify the taking of the children to another location. Yes, a parent could leave the marital home with the children but under very carefully curated circumstances lest they should be accused of “abduction.”
In Brad and Angelina’s case she took the children to live someplace other than their habitual residence with Pitt. Is she allowed to do this? Well, it is not illegal per se; and she did call the FBI (or someone with knowledge of the situation did) so there clearly was a dispute and there clearly was some kind of conflict that could justify her taking the children to another location – temporarily. Clearly, this was an emergency situation. It is rumoured that Angelina rented the house she took the children to weeks in advance of her divorce filing from Brad. This would mitigate against her argument that this was some sort of emergency. But if not an emergency, she is likely to show it was urgent and necessary in light of Mr Pitts alleged inebriation.
The parent who is left behind without the children – in this case Brad – should continue to try to see the children and maintain a relationship with the children even if it means the intervention of the court. The thing the other parent does not want to happen is for anyone to conclude he or has “abandoned” the children. He has to try to maintain contact with and interest in his children and their welfare and it looks like he is doing that. At the same time, this has to be done with sensitivity and probably with the court or law enforcement or some third party who can observe and be a witness given the volatility of the situation at bar.
But to answer the question, no, I don’t think Angelina Jolie can, without a court order, continue to refuse to allow Brad to see his children. And indeed her conduct prior to the court hearing and a court order could have a negative impact on her ultimate request for sole custody if it looks like she is capable or guilty of interfering with Mr Pitt’s ability to see his children and maintain a relationship with them.