Vacation rights

[JanetD44]

What is the name of your state? New York
My husband is the NCP of two sons. My husband has joint custody. The custody/visitation agreement states there shall be free exercise of custodial/visitation time. He has one week vacation in July and one week in August. We have a great trip to Cancun, which is paid for. The ex will not sign a letter of consent which is needed to take the kids out of the counrty when one parent is accompanying the children. She also refuses to sign a passport appl. What can my husband do? The trip is paid for. Can my husband write a letter to the judge? Does he have to make a violation petition stating his rights are being violated? ANy suggestions?

 

[Just Blue]

What is the name of your state? New York
My husband is the NCP of two sons. My husband has joint custody. The custody/visitation agreement states there shall be free exercise of custodial/visitation time. He has one week vacation in July and one week in August. We have a great trip to Cancun, which is paid for. The ex will not sign a letter of consent which is needed to take the kids out of the counrty when one parent is accompanying the children. She also refuses to sign a passport appl. What can my husband do? The trip is paid for. Can my husband write a letter to the judge? Does he have to make a violation petition stating his rights are being violated? ANy suggestions?

And what did the ex say when you asked about taking the children out of the country BEFORE you bought the trip??

 

[momofrose]

And what did the ex say when you asked about taking the children out of the country BEFORE you bought the trip??

Just wondering if the CP has a say as to where the child is taken on vacation (out of the country). I would think that unless it is stipulated in the court order that the NCP can take his/her child wherever they want to for vacation..I mean it is their parenting time.

Just wondering what how the law would look at this situation.

Thanks

D

 

[Just Blue]

Just wondering if the CP has a say as to where the child is taken on vacation (out of the country). I would think that unless it is stipulated in the court order that the NCP can take his/her child wherever they want to for vacation..I mean it is their parenting time.

Just wondering what how the law would look at this situation.

Thanks

D

Well...The passport agency would require CP notorized letter of consent...Sooo ...If I were the NCP...BEFORE I booked a trip like that I would see if CP was okay with it...And taking the child out of the country is much different than Disney...

 

[JanetD44]

My husband does not have to ask permission to take his kids on vacation. The only stipulation is that if the children are going to be out of the state, the mother has to be notified. SHe can not tell him where he can and can't go on vacation. Regardless if it was booked and paid for, he does not have to check with her. It is his vacation time, his visitation time.

 

[justalayman]

Just wondering if the CP has a say as to where the child is taken on vacation (out of the country). I would think that unless it is stipulated in the court order that the NCP can take his/her child wherever they want to for vacation..I mean it is their parenting time.

Just wondering what how the law would look at this situation.

Thanks

D

In some cases, there is the real threat of nobody coming back to the good ol' U.S. of A.
If there is any possibility of this, I would think the courts would look at it very carefully.

 

[momofrose]

Well...The passport agency would require CP notorized letter of consent...Sooo ...If I were the NCP...BEFORE I booked a trip like that I would see if CP was okay with it...And taking the child out of the country is much different than Disney...

Oh - I am not disagreeing that the smart thing to do is communicate with the CP prior to making arrangements - BUT again it is the NCP's time. I guess I just think that NCP's ( me included) sometimes get a chain yanked around our neck by the CP going "oh no you don't"..when you have every right to.

I agree that if there is a real threat to not coming back to the country there would be issues, but if there is a long standing divorce decree (however long standing is deemed), and there is no threat - I am wondering if this is a violation of the order being that out of the country vacations is not stipulated and she is standing in the way of the NCP's vacation time (as he chooses) with his child...

By the way - last time I went to Mexico (2 years ago) no passport was needed - only a birth certificate and other form of ID (though that may have changed) - not sure how it works with a child though.

d

 

[AmarieNorton]

My husband does not have to ask permission to take his kids on vacation.

Perhaps not but he does need permission to take them out of the country.

SHe can not tell him where he can and can't go on vacation.

No, but she does have a right to say whether or not her kids leave the country.

Regardless if it was booked and paid for, he does not have to check with her. It is his vacation time, his visitation time.

Oh yes he does when it involves the kids leaving the country.

I was under the impression that most all divorce parents have to get permission of the other parent before they take the child out of the country. Wouldn't you want to have a say if the NCP wanted to take the child out of the country?? And, to my knowledge, this really has very little to do with the courts and more to do with the passport/travel industry (I believe that it's their requirement). I have a friend who is the CP and is on very good terms w/ her ex and he still had to give "permission" for the children to leave the country (even though she's the CP and they were leaving the country on "her time"). This is not that uncommon of and should have been addressed before the tickets were purchased. You may be SOL if the other parent doesn't approve.

 

[Just Blue]

My husband does not have to ask permission to take his kids on vacation. The only stipulation is that if the children are going to be out of the state, the mother has to be notified. SHe can not tell him where he can and can't go on vacation. Regardless if it was booked and paid for, he does not have to check with her. It is his vacation time, his visitation time.

Well..If the ex doesn't NEED to give her blessing to this lil' adventure...Your all set!! Have a good trip!!

 

[weenor]

Perhaps not but he does need permission to take them out of the country.


No, but she does have a right to say whether or not her kids leave the country.


Oh yes he does when it involves the kids leaving the country.

I was under the impression that most all divorce parents have to get permission of the other parent before they take the child out of the country. Wouldn't you want to have a say if the NCP wanted to take the child out of the country?? And, to my knowledge, this really has very little to do with the courts and more to do with the passport/travel industry (I believe that it's their requirement). I have a friend who is the CP and is on very good terms w/ her ex and he still had to give "permission" for the children to leave the country (even though she's the CP and they were leaving the country on "her time"). This is not that uncommon of and should have been addressed before the tickets were purchased. You may be SOL if the other parent doesn't approve.

AM is right this has to do with leaving the country not how he exercises his visitation rights....the documentation required (i.e. permission notes, etc...) is determined by governmental agencies in the US and Mexico. The requirements have recently changed and some other things are going to be grandfathered in....so...check the governement websites...I googled "passports and mexico" and got answers in minutes..btw..no problem getting into Mexico, but its harder to get back into the US.

 

[LdiJ]

My husband does not have to ask permission to take his kids on vacation. The only stipulation is that if the children are going to be out of the state, the mother has to be notified. SHe can not tell him where he can and can't go on vacation. Regardless if it was booked and paid for, he does not have to check with her. It is his vacation time, his visitation time.

Hon, yes he does when the trip is outside of the country. No matter what his divorce decree says he needs the permission of the other parent (and so does she) to take the child out of the country.

Your husband has to VERY QUICKLY file a motion asking that she be compelled to sign the passport application and give permission for the trip. He has no time to delay or he may have no hope of accomplishing anything in time.

 

[BelizeBreeze]

How old is this child?

 

[stealth2]

Based on past posts, the boys are ~ 6 & 7. So both parents need to consent or a court order overriding the one parent is needed for a passport to be issued. Pretty darned foolish to plan and pay for a trip w/o even having passports for them.

 

[BelizeBreeze]

Based on past posts, the boys are ~ 6 & 7. So both parents need to consent or a court order overriding the one parent is needed for a passport to be issued. Pretty darned foolish to plan and pay for a trip w/o even having passports for them.

Actually, not totally correct under current state department regulations there are provisions for one parent application without the second parent signature.

However, since I do not condone such actions, I won't expand on the procedures. Suffice it to say that before the trip was planned notification and acceptance should have been pursued or the court should have issued it's findings.

 

[abstract99]

You need a passport to get into mexico? HA that's a joke. When I was in the military (stationed in Texas) I went there all the time. Though I am sure that it is the law to have one, I was never asked.