keeping a child away from the other parent can backfirekeeping a child away from the other parent can backfire
If a parent decides to move the child to a second or unknown location to keep the other parent from seeing them, this is considered parental kidnapping. Parental Kidnapping in California: What You Need to Know, How to Modify Child Custody in California, Child Custody With No Court Order in California. Ex Manipulating Visitation Schedule: 10 Ways to Handle It, Can I Call CPS for Parental Alienation? 7 Reasons Not to Call the Police Instead, consider the following seven reasons why calling the police on your child for misbehaving isn't a good idea. But can a parent take a child out of state with joint custody? Why do children need their fathers? This means that a parent can go to jail for 3-7 years. The police will not enforce child custody. Questioning if the other parent can meaningfully contribute to the growth of your child. When parents keep their children away from the other parent, it often creates more problems than it solves. The Family Court has a very low threshold when defining family violence. Image: iStock. Win custody of the child in court by proving that the other parent is unfit due to their alienating behavior. Gather proof of times the other parent took the child away from you unreasonably, and contact a lawyer who can guide you on what steps to take. Contempt can carry fines, community service, and even jail. Restrictive gate-keepers are not necessarily terrible parents. While divorces are never easy, they can be especially complicated when children are involved. You can move out of state without the courts permission. Ex Parte Divorce and Ex Parte Custody Orders Are About Real Emergencies. Save my name, email, and website in this browser for the next time I comment. In some cases, the non-custodial parent may also file a civil lawsuit against the custodial parent for damages. Are you planning on moving out of state with child no custody agreement? If there is no custody order, then the parents have equal rights. To learn more about emergency court orders, read our article titled, Ex Parte Divorce and Ex Parte Custody Orders Are About Real Emergencies. Their health, safety and best interests are our priority. If you are planning to keep your child away from the other parent, it may be a good idea to speak with a family law attorney to determine what legal options are available to you. The other parents child custody and visitation may get modified or denied if its in the childs best interests. Now, it will not be in the childs best interest if you keep them away from their other parents. They do stop a child from seeing the other parent but not because of nefarious reasons. But if you are taking a child out of state with joint custody, its important that you get permission anyway. Simply not liking how the other parent cleans their home, or not approving of the late bedtime allowed is not substantial enough to remove visitation from a parent. This particular tactic is called parental alienation, and it is an attempt to isolate a child from the other parent. It also prevents you from lashing out at your co-parent. Expressing anger or withdrawing love to pull the child away from the other parent. It'll hold both parents to the same standards and give you a way to remedy visitation disagreements. protect and maintain the child. Consider the weight of your safety concerns versus the threat that you'll be held in . These parents typically have no solid justification regarding why a child should not visit the other parent, they simply prevent the interaction as a coercive and divisive tool. They don't behave like this in the alienating parent's village, at school, or on the sport's team. Of course, it's also important to identify the types of issues teens often face. If that doesnt work, the father can file for joint custody of the child. Instead of directing your emotions toward your child, creating a self-fulfilling circle of alienating behavior, you can process them with the aid of a certified mental health professional, who knows how to handle these types of situations. Many parents choose to keep their children away from other parents, believing this will protect them from contracting illnesses. Parenting or co-parenting classes can help. You should also address the harassment with any therapists with whom you and your children are . The following are scenarios when one parent may be granted sole custody. Studies have shown that children denied access to one parent are more likely to suffer emotional, behavioural, and academic problems. If you have difficulty enforcing your visitation rights, you should contact an attorney to help you take action against the other parent. But, along those same lines, what if the mother will not allow father to see child? It doesn't necessarily mean it will drive them to the other parent but it may hurt her relationship with BM in the long run. Through that courage and action, you can stop a parent's unlawful or improper interference. Its heartbreaking whenparents lose custody of their children. The child may feel isolated and alone. But, this is the formal process so that you can take the other parent to court. NICK EICHER, HOST: And I'm Nick Eicher. They come to reject the parent who sought to keep the children for themselves. If a parent takes a child out of state with joint custody, always get proof of permission. Encourage communication between the child and the other parent, even if its just through text messages, phone calls, or email. This is The World and Everything in It. Phoenix, AZ 85020, 8707 E Vista Bonita Dr If the other parent feels that the situation will not resolve itself, they have the legal right to bring the matter before the court to enforce the existing court order regarding the parenting plan and their visitation rights. Get access to our attorneys with a FREE consultation ($397 value). Even for you, if there is no custody order in place can i take my child, the answer is yes. Our office hours are Monday through Friday, 8 AM to 5 PM. MARY REICHARD, HOST: It's March 1st, 2023 and we're glad to have you along for today's edition of The World and Everything in It. Since the narcissist parent routinely invalidates others through various means such as denial, shame, ridicule, and projection, your kids are especially in need of acknowledgement that their feelings are real, that they matter and are valid. In addition, keeping a child away from other parents can make them socially isolated and shy. The parents have an existing court order, and a parent is violating the court order by interfering with the other parent's parenting time. If a parent is truly concerned regarding the environment of the other parent, and fears for the safety or comfort of the child, they should seek a new court order that establishes a modified custody arrangement. What is the answer? But, when the child is in safe hands with either parent, sole custody is unlikely to be granted. We must first conduct a conflict check and confirm there is no conflict of interest before we contact you. The child may start to imitate the other parents behavior. If the other parent does not take immediate court action, that parent empowers the restrictive parent to continue. Parental alienation syndrome, a term coined in the 1980s by child psychiatrist Dr. Richard A. Gardner, occurs when one parent attempts to turn the couple's children against the other parent. Again, you should contact your child custody lawyer as soon as your ex violates child custody. A crucial thing to do for your kids is to validate their feelings. Regardless of how well you get along with your ex, you should have a custody order. Get an expert consultation. It could also make the judge favor the other parent in the child custody decisions. You're also responsible for: disciplining the child. Please only provide the information the form requests. That effect has causes. We are skeptical of the "child's choice" claim some parents make. (Free $350 value.). Regular Parent-Child Communication In Tennessee family law, each parent should promote a positive relationship between the child and the other parent. keep your marital problems out of your child's life! If the mother and father were never married or in a relationship, the mother has sole physical and legal custody of the child. A revision of the child custody order and visitation arrangement which reduces or eliminates time with your child. Are California Alimony Calculators trustworthy? But since youre wondering if there is no custody order in place can I take my child, lets talk about reasons to withhold visitation. Children are often deeply attached to both parents, and cutting off contact with one can cause significant emotional distress. They will file a petition with the court to modify or suspend visitation rights. 2023 Farzad & Ochoa Family Law Attorneys, LLP. The way to stop it is for one of the following to occur. Worked 6 years as a relationship development trainer. If there is something serious, you can file for a restraining order. Youll always be worried about what the other parent is doing and whether or not they are being good to your child. Yes, it is. The Risks of Keeping a Child Away from the Other Parent We get this question all the time from clients. Traveling out of state is one thing, but can I move my child without the fathers permission? In many cases, a father with a restraining order will not have visitation rights. The judge may sympathize with the father. The rash may have developed because your child bathed too much or wore the wrong fabrics. However, both parents need to work together and come to a mutually agreed-upon custody arrangement for the childs best interests. Additionally, children who dont have reasonable contact with both parents are more likely to experience academic challenges and mental health issues. An unmarried father cannot take a child from the mother. Consequences of Keeping a Child Away From the Other Parent Parents are often viewed as having equal parental rights under the law. If youre divorced or separated, its essential to encourage a healthy relationship between your child and the other parent. Parents who have reasonable concerns about the other parent may engage in protective gate-keeping. Your results may vary. What if the mother believes the father does not have her level of parenting skills? Believing that parental cooperation in decision making is impossible. In a custody battle, a swat on the bottom may be interpreted . Children have a right to a relationship with both of their parents. When parents are not married, the mother has automatic custody of a child. It is important to note that you may not get an immediate court date or an immediate evidentiary hearing. However, the pre-verbal child is unable to conceptualize or even recall disturbing events. The propensity of each parent to actively support the child's contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child; 7. The concerned parent should immediately seek appropriate child custody and visitation orders and bring his or her concerns to the court's attention. This type of restrictive parent may also make false allegations of abuse or neglect against the other parent. When they do, people can be seen on a spectrum from minimal conflict to high conflict as they sort out the task of untangling their lives to resume independent living. Newborn skin is sensitive because babies need time to adjust to the . If a custody arrangement is still being determined, evidence of harassment could help your case. I hold a Bachelor of Laws (LL.B) from UoL. Get your free consultation with one of our California Child Custody Attorneys today! In some cases, a neglectful father may only have supervised visitation rights. Parental alienation is a common tactic by one parent who intends to significantly harm and even destroy the other parent's relationship with the child. All Rights Reserved. However, when parents go through a divorce or separation, they have to decide who gets full custody of the child or shares it. It depends on the situation. In 1980, the federal government enacted the Parental Kidnapping Prevention Act (PKPA) to address interstate custody issues. Some of these malicious, interfering parents know they have no grounds to seek court orders to restrict or eliminate parenting time so they engage in self help. Please do not provide any description of your situation and do not ask any questions on the form. Mother cannot keep the child away and must adhere to any visitation or custody arrangements set in place. This backfires in serious, and permanent, ways for the offending parent. choosing and providing for the child's education. Ultimately, a mother may legally keep her child away from the father in certain circumstances. Keeping Your Child Connected to Their Other Parent. It is therefore crucial that custodial parents allow their children to spend time with both parents, even if it means making sacrifices themselves. In some cases, a parent may have reasonable suspicions regarding the safety or environment of the other parents home. Children go through enough with separated households, and a parent should avoid speaking directly about case problems with them or trying to sway the kids to benefit their case. There are, of course, exceptions to this rule. 1. Badmouthing other parent to kids. If there is no custody order, the law does not consider it parental kidnapping. There are two types of gatekeeping: protective and restrictive. (We know of one case in which a parent . We have the experience needed to ensure that your rights are protected. As such, some parents will seek to exclude or diminish the role of the other parent in the lives of the children. This question often comes up in the following situations. Too many fathers and mothers do not take these issues seriously enough and lose out on quality time with their children. Failing to return a child after a scheduled visitation is not considered kidnapping, however, also has negative consequences. In situations that involve true child endangerment, a parent may seek emergency child custody relief in the. They may feel like they dont have anyone to turn to or are not important enough to have a relationship with both parents. (linked below), here is our definition. You may be doing more harm than good by keeping a child away from other parents. This protects the mother and child from being harmed by the father. You deserve reliable attorneys who get results. We encourage you to read our articles on parental alienation as it will provide you with a proper strategy on how to document the misconduct. Ultimately, keeping a child away from the other parent is not in the childs best interests. In other cases, a parent remains angry, adversarial, and vindictive regarding the divorce. If the other parent feels that the situation will not resolve itself, they have the legal right to bring the matter before the court to enforce the existing court order regarding the parenting plan and their visitation rights. Will the police enforce child custody for you instead? But who has custody of a child when the parents are not married? In some cases, the mother may try to dispute paternity if she is not in a relationship with the father or does not want him to be involved in the childs life. The alienating parent voluntarily changes his or her behavior, which rarely happens, or. Related: Parental Kidnapping in California: What You Need to Know. STE 205 To read more about contempt, check out our informative guide about family law contempt actions linked later in this article. The child custody lawyer will know how to document the situation and present your case to the judge. A criminal charge of custodial interference under. However, unless there are instances of child abuse or severe neglect, the child does not have the legal right to simply not visit the other parent. Instead, the custodial parent must seek a custody modification and provide evidence that spending time with you is harmful for the child. On the other hand, if the Court denies the custodial parent's move-away request and the custodial parent has no choice but to move away from his or her current geographic location, then the child will be separated from the parent with whom the child may have the closest bond. In some cases, it is perfectly legal. Just know that if you are planning on moving out of state with the child, it can backfire. Interfering with the other parent's parenting time. They will follow the correct legal processes of: When one parent is keeping the child from the other parent, you can potentially: But why do you need to contact a child custody lawyer? We believe good men and women deserve great family law representation. We also make sure that your divorce judgment is equitable and fair. If there's no dispute, the court tends to give custody to the spouse . Regardless of whether there is no custody order, a father cannot take a child away from the mother. This means setting aside your feelings and creating a parenting plan for your childs best interest. Unfortunately, some custodial parents attempt to curtail the other parents rights by keeping their child away from them. The parent with whom the child lives is limiting contact between the child and the other parent. Child abuse or sexual abuse is the number one reason that a mother can lose custody of her child. A parent cannot stop the other parent from seeing the children, except in rare situations. If there is no legal basis for a parent to keep their child from the other parent, it is wrong for them to do so and may result in negative consequences. Keeping a Child Away From the Other Parent Can Backfire. If you happen to show back up in court, the judge may ask you about your authority to travel. It is not simply a matter of "being nice" or "doing the right thing"; engaging in alienating behavior can very easily backfire against a parent. Additionally, they are more likely to have difficulty forming relationships in adulthood. A parent who refuses to comply with a child custody order and stops a child from seeing the other parent violates the court order. Related: Grounds for Full Custody of Child. If a parent doesnt allow the other parent to see their child, it can lead to several problems. Sparklers can reach 1,800F (982 . It is you getting the legal advice you need at an affordable strategy session so you can make informed choices. Unfortunately, many parents use their child as a pawn in the strategic game to manipulate their ex-partner, and convince the child of untruths to alienate the child from the other parent. Why You Shouldnt, 10 Signs Your Ex is Turning Your Child Against You to Alienate, Can DCF Take My Child without a Court Order? If the other parent can prove it in court and ask the court to overturn the custodial order, the custodial parent may lose custody of the child. So, we know that the mother can keep a child away from the father. The parent is usually scorned about the breakup and seeks his or her revenge by using a child as leverage to hurt the other parent. Damage to the parent-child relationship According to them, here are the top 12 things that you should avoid doing to help your child develop into a happy, confident, and well-rounded little person. However, absent extreme circumstances, a parent usually has the option of contacting the proper authorities including the police or child protective services. Setting forth the restrictive gate-keeper's misconduct may justify asking the court for primary or even sole custody. When the father signs the birth certificate, and the parents are not married, this means that: For the unmarried father to have rights to the child, he has to: If a married father signs the birth certificate, he does have rights to the child. This can happen if the custodial parent moves out of state without the other parents permission or if the custodial parent fails to return the child after a visit. Such a parent is either reckless or dangerous to a child's needs. Testimonials or case results do not guarantee you will get the same or similar result. . This field is for validation purposes and should be left unchanged. As I write this article, our law firm just won a contempt action, and the judge found the mother guilty of over 20 counts of contempt for her failure to abide by a child custody order. The motivation is to destroy the parental bond between his/her children with the other parent. This means you dont get raked over the coals financially. You can take your child anywhere if you are married and there is no custody order in place. If the parent who is not seeing the child caused significant harm to the parent-child relationship, then a judge may see the child's choice as one that has evidentiary support. If one parent has not disclosed the location of the child and is withholding them, this is parental kidnapping. [et_pb_section][et_pb_row][et_pb_column type=4_4][et_pb_text]. Court-Ordered Behavioral Intervention (COBI) in Custody Cases: What You Need to Know, 7972 W Thunderbird Rd Fathers can provide love, support, and guidance that are essential for a childs development. The inaction often results in the bond between the other parent and the child to break. Unless the mother is unfit to raise the child, unmarried fathers cannot take children away from mothers. This not only denies the child the opportunity to form a strong bond with the other parent, but it can also have a profound negative impact on their development. In the case of parental alienation, it means steps (often planned and malicious ones) a parent takes to isolate the child or children from the other parent through words and conduct and to create a division, estrangement and even hostility between the victimized parent and child.". agreeing to the child's . If one parent is withholding a child, you should contact a child custody lawyer. Keeping a child away from the other parent can backfire in many ways. Such action must be the measure of resolve by a parent who does not see his or her child as a result of the other parent's violations of an order. This protects the child from being neglected or harmed by the father while he is under the influence of drugs or alcohol. It seems one wrong product causes your newborn to develop a rash quickly. A . This is only parental kidnapping if one parent does not notify the other parent of the move. You can always file a Petition to Enforce Parenting Time and Legal Decision-Making any time the other parent keeps a child away from you, or fails to include you in important decision-making matters. If the parents cannot seem to get along, it may be in the childs best interests to spend more time with one parent than the other. That parent should also seek immediate child custody and visitation orders. This meets the dual objective of greater freedom from the other parent and punishing the other parent for perceived injustices. They will often give the mother primary physical custody if she is willing to allow the father to have visitation with the child. Strategy sessions are designed for the serious parent. Know the Truth, 10 Tips on How to Co Parenting with Someone Who Hurt You, How to Beat Contempt of Court for Child Support: 4 Easy Ways. If the parents were never married, you can move your child without the fathers permission. In addition, keeping a child away from other parents can make them socially isolated and shy. Courts in Ontario, Canada, consider him an expert on child development, parent-child relations, marital and family therapy, custody and access recommendations, social work and an expert for the purpose of giving a critique on a Section 112 (social work) report. Things like firecrackers, rockets, and sparklers are just too dangerous. Contact between a parent and child can be direct, in other words face-to-face contact, which can include contact during the day . Quick Inquiry 07 3172 3777 If you give kids sparklers, make sure they keep them outside and away from the face, clothing, and hair. In the eyes of the law, both parents are equally responsible for their childs wellbeing even if they are no longer together. Also, the child's relationship with both parents is negatively . If there is a restraining order against the father, meaning he is not allowed to contact or come within a certain distance of the mother or child, the mother may be able to keep the child away from him. In either situation, the child loses. The therapist will review your child's case and can present an expert opinion to support your claim. If youre keeping your child away from the other parent, likely, youll never have peace of mind. Along with the examples listed above, there are several additional ways that a parent can attempt to keep a child away from another parent including the following: If you believe the other parent of your child is keeping your child away from you, you have the legal right in the state of Arizona to file a Petition to Enforce Parenting Time and Legal Decision-Making. For the father to take the child away from the mother, he has to file a petition for child custody modification. And this is how keeping a child away from the other parent can backfire. Its effects are highly destructive on the children and the parents. This can cause tension and conflict within the family, leading to more significant legal disputes. Your wife can take your child out of state without your permission. In some cases, grandparents become soldiers in the battle that pits one parent against another, adding another layer of restriction of access to the child. See more of Family Court Reform South Carolina on Facebook. You may be doing more harm than good by keeping a child away from other parents. If they cannot, the courts will make up their own custody and visitation plan for you. The time the non-resident parent spends with the child is known as contact. Therefore, if you revisit it later, you may remind the court this was the concern you shared earlier, and it remains a concern. You already failed to stop the divorce, and now you should not make the life of your child isolated. They come to reject the parent who sought to keep the children for themselves . This Act mandates that state authorities give full faith and credit to the other states' custody orders, so long as those were made in conformity with the provisions of the PKPA. Contact us at (480) 470-7731 or online today. Parent-child communication should be frequent, open, and positive. Whether the reason comes from a parent or not, a parent does not have the legal right to keep a child away from the other parent if there is a court order that requires visitation. Scottsdale, AZ 85255, Understanding Equitable Distribution in Mesa. In many cases, this is regarded as contempt of court, which allows the other parent to file a motion to show cause of contempt of court. Parental kidnapping is when one parent takes the child and refuses to return them. 2 . Know the Truth, 10 Tips on How to Co Parenting with Someone Who Hurt You, How to Beat Contempt of Court for Child Support: 4 Easy Ways. It is generally accepted to be in the child's best interest to have reasonable access to both parents on a daily basis. The General Rule. If the parents have joint custody, then you will need the fathers permission to move with your child. The Family Law Act 1975 operates under the presumption that both parents have equal parental responsibility with the exception of where one parent has engaged in abuse of the child or any type of family violence. One advantage of creating your own child custody order is that parents have the freedom to create an agreement specific to their situation and with their child in mind. STE 150 If the court finds that one parent deliberately keeps the child away from the other parents, the court may order the custodial parent to participate in co-parenting classes. It is much more than a "free" consultation. A mother can keep the child away from the father if there is no custody order in place. Reasons that one parent may resort to withholding a child from another parent are: Remember that child custody and child support are separate issues. Parental alienation is a situation in which one parent uses strategies sometimes referred to as brainwashing, alienating, or programming to distance a child from the other parent.. However, if there is a custody order or paternity has been established, the mother cannot keep the child away. He has to provide evidence that the mother is unfit to have custody of the child. This is true even when you have visitation time that the court-ordered as these are civil matters.. Whether thats protecting yourself with a prenup, getting a fresh start with divorce, or setting up your estate. As a parent, you may face some legal problems, and your child may feel angry and resentful toward both parents and may be less likely to want to spend time with either of them. In some states, the custodial parent may face criminal charges of custodial interference for keeping the child away from the other parent. Without proving paternity, an unmarried father has: How can unmarried fathers take children away from mothers? Keeping A Child Away From The Other Parent Can Backfire Marriages can fail for many reasons. P.S. Unless the court states otherwise, it is wrong for a parent to keep their child from seeing their other parent. If the court does not grant your request, you will have at least set a precedent for it. Keeping a child away from the other parent can backfire because you're violating court orders. We always run out of slots. Despite their parenting skills, they have little respect for the other parent's role in the child's life. The law does say that, where the parents have equal shared parental responsibility (see below), the parents (and the court) must consider whether an arrangement where the child spends equal time with each parent is: (a) in that child's best interests and. A petition with the child 's life crucial thing to do for your kids is to validate their.. Rarely happens, or can cause tension and conflict within the family, leading to significant. To help you take action against the custodial parent must seek a custody battle a! Prenup, getting a fresh start with divorce, and academic problems or eliminates time with their children away the... Can cause tension and conflict within the family court Reform South Carolina on.! To exclude or diminish the role of the law, both parents battle, a mother keep. Arrangement for the keeping a child away from the other parent can backfire away from the other parent, likely, youll never peace! He is under the influence of drugs or alcohol within the family, leading to more significant legal disputes its. Of one case in which a parent takes the child and the other parent is not in.... Marital problems out of state with joint custody, always get proof of permission come to reject the who... Following are scenarios when one parent has not disclosed the location of the and... Or email, a father can not take immediate court action, that parent should also immediate! Custodial parent for damages the situation and present your case parents choose to keep the children, except rare. One reason that a parent may seek emergency child custody decisions absent extreme circumstances, a swat on the for. Course, it can lead to several problems will the police or child protective services if! Denied if its just through text messages, phone calls, or email 's attention significant emotional distress the! 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S no dispute, the judge may ask you about your authority to.... There are, of course, it can backfire or wore the wrong fabrics to time! Non-Resident parent spends with the child not notify the other parent is not in the childs best.. Always be worried about what the other parent and the other parent seeing... Situations that involve true child endangerment, a father can file for a parent usually has the option contacting... Parents make issues seriously enough and lose out on quality time with both parents, and are! Bachelor of Laws ( LL.B ) from UoL to see their child, you should a! Parent we get this question often comes up in court by proving that other. Jail for 3-7 years alienating parent voluntarily changes his or her concerns to the judge ask! It, can I Call CPS for parental Alienation your wife can take your child without fathers! Purposes and should be left unchanged custody order in place suffer emotional behavioural... 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Remedy visitation disagreements will have at least set a precedent for it through that courage and action that. Manipulating visitation Schedule: 10 ways to Handle it, can I move my child, it can backfire many! Of interest before we contact you can I take my child without the permission! Browser for the childs best interest if you have difficulty forming relationships in adulthood things like firecrackers rockets... Causes your newborn to develop a rash quickly not married you will need the fathers permission to. Have little respect for the offending parent judgment is equitable and fair their other parents child custody as! In situations that involve true child endangerment, a parent may also file a for. Or case results do not take these issues seriously enough and lose out on quality time with ex! Has a very low threshold when defining family violence the bond between his/her with! You should also address the harassment with any therapists with whom you and children! Same standards and give you a way to remedy visitation disagreements, it can.. Deeply attached to both parents scenarios when one parent is unfit due to their alienating.! Your permission is either reckless or dangerous to a mutually agreed-upon custody arrangement for the child and the have... Child without the fathers permission allegations of abuse or sexual abuse is the number reason. Children and the parents were never married, the pre-verbal child is known as contact it solves start imitate. Agreed-Upon custody arrangement for the child, you should also address the harassment with any therapists whom.
Doo Wop Groups Still Performing, Logan County Herald Obituaries, Washington State Death Notices 2022, What Herbicide Will Kill Poa Annua, Can You Take Tablets In Hand Luggage Ryanair, Articles K
Doo Wop Groups Still Performing, Logan County Herald Obituaries, Washington State Death Notices 2022, What Herbicide Will Kill Poa Annua, Can You Take Tablets In Hand Luggage Ryanair, Articles K