Flights Question

[amberlea434]

What is the name of your state (only U.S. law)? LA, child is in TN

The Hubs' CO reads:

The Petitioner (Dad) shall receive five consecutive weeks of visitation during the summer holiday at his home. The minor child (she's 9) shall be accompanied on her first initial round-trip airplane trip from Nashville to Louisiana. Should the minor child not experience excessive trauma on the initial trip, she shall thereafter fly alone from Nashville to Louisiana during her visitation with the Petitioner.

This years 5 weeks has almost concluded and everything has went beautifully. My hubby and I are planning a Disney World trip with kiddo for next summer for a week. We've decided to fly to Orlando instead of drive. So, instead of kiddo flying to LA first, all of us fly to Orlando, all of us fly back to LA, then kiddo fly back to Nashville after 5 weeks...do ya'll think it would be okay for kiddo to just fly into Orlando and meet us there? That would eliminate an entire one-way flight (and save some money!). There's nothing in the above paragraph saying that she can't fly into another city, but Dad wanted to make sure just incase Mom says kiddo can't fly to Orlando because the CO reads "Nashville to Louisiana". What do ya'll think?

 

[wileybunch]

According to the CO, child's destination is LA so there isn't anything compelling Mom to send child to FL instead, it would just be goodwill based on request from Dad. Do you think there will be a problem with Mom? Or if Mom agrees, are you afraid she will renege?

 

[majomom1]

What is the name of your state (only U.S. law)? LA, child is in TN

The Hubs' CO reads:

The Petitioner (Dad) shall receive five consecutive weeks of visitation during the summer holiday at his home. The minor child (she's 9) shall be accompanied on her first initial round-trip airplane trip from Nashville to Louisiana. Should the minor child not experience excessive trauma on the initial trip, she shall thereafter fly alone from Nashville to Louisiana during her visitation with the Petitioner.

This years 5 weeks has almost concluded and everything has went beautifully. My hubby and I are planning a Disney World trip with kiddo for next summer for a week. We've decided to fly to Orlando instead of drive. So, instead of kiddo flying to LA first, all of us fly to Orlando, all of us fly back to LA, then kiddo fly back to Nashville after 5 weeks...do ya'll think it would be okay for kiddo to just fly into Orlando and meet us there? That would eliminate an entire one-way flight (and save some money!). There's nothing in the above paragraph saying that she can't fly into another city, but Dad wanted to make sure just incase Mom says kiddo can't fly to Orlando because the CO reads "Nashville to Louisiana". What do ya'll think?

You would have to get Mom to agree. Who buys the tickets? What is the difference in the cost of the tickets? You are talking two one-way tickets IMO. One concern I have (as a mom) is "what if" Dad has delays or trouble with his flight and isn't there to meet the child?

 

[proud_parent]

One concern I have (as a mom) is "what if" Dad has delays or trouble with his flight and isn't there to meet the child?

Ditto. Best interests of the child should control, not just best interests of Dad's pocketbook.

 

[amberlea434]

Do you think there will be a problem with Mom? Or if Mom agrees, are you afraid she will renege?

Yes and yes. Mom has a tendency to try and exert her "custodial parent power" over Dad. She rarely agrees to anything he asks for, just because she doesn't "have" to. There's no real difference in flying kiddo to Orlando rather than Louisiana, but we're afraid she'd say no...just because. That's why Dad was trying to find out if, legally, he'd be okay to fly kiddo into Orlando to meet us.

 

[wileybunch]

Yes and yes. Mom has a tendency to try and exert her "custodial parent power" over Dad. She rarely agrees to anything he asks for, just because she doesn't "have" to. There's no real difference in flying kiddo to Orlando rather than Louisiana, but we're afraid she'd say no...just because. That's why Dad was trying to find out if, legally, he'd be okay to fly kiddo into Orlando to meet us.

majomom gave a good example of something Mom could be concerned with, though, so even if Mom says no, you can't assume you doesn't have a good reason (like majomom gave). Dad has no CO to back him up so he can request it, but if Mom says no he'll have to either drop it or bring a motion in family court. If she says "yes", he should memorialize that with a stipulation and order they file.

 

[amberlea434]

You would have to get Mom to agree. Who buys the tickets? What is the difference in the cost of the tickets? You are talking two one-way tickets IMO. One concern I have (as a mom) is "what if" Dad has delays or trouble with his flight and isn't there to meet the child?

Dad pays for all transportation costs.

I completely agree with you and we've thought that far ahead. Of course we'd make sure that mine and Dad's flight would be way before kiddo's. I know there's always a risk that our flight could be delayed, but it would be the same scenario if, say, we're on our way to pick up kiddo at the airport in LA and we get stuck in traffic and can't pick her up right away. The airline's policy that she flies with for unaccompanied minors is an attendant stays with her until the other parent arrives to pick her up.

 

[proud_parent]

Dad pays for all transportation costs.

I completely agree with you and we've thought that far ahead. Of course we'd make sure that mine and Dad's flight would be way before kiddo's. I know there's always a risk that our flight could be delayed, but it would be the same scenario if, say, we're on our way to pick up kiddo at the airport in LA and we get stuck in traffic and can't pick her up right away. The airline's policy that she flies with for unaccompanied minors is an attendant stays with her until the other parent arrives to pick her up.

And what if Dad's flight gets cancelled and he can't get another until the following day? Who stays with kiddo overnight?

 

[TinkerBelleLuvr]

So dad gets to Orlando the day before. Geez.

Based on the court order, you need to have mom agree to her flying to Orlando instead of LA. Seems to me that less time flying would be better for the child.

 

[proud_parent]

So dad gets to Orlando the day before. Geez.

Based on the court order, you need to have mom agree to her flying to Orlando instead of LA. Seems to me that less time flying would be better for the child.

Granted. However, Dad also could account for that by he and Stepmom flying to Nashville to pick up the child and they all fly to Orlando together.

Just encouraging Dad to think of reasonable alternatives in case Mom is unwilling to agree.

 

[majomom1]

So dad gets to Orlando the day before. Geez.

Based on the court order, you need to have mom agree to her flying to Orlando instead of LA. Seems to me that less time flying would be better for the child.

Thank you Ginny - I was wondering who would think of that because that would be a good plan - just in case. We all know the chances of anything happening are slim - but this would also be the one time something 'would' go wrong and the child would be there all alone.

I also like the idea of Dad going to Nashville, then Orlando... I am not a pro at this long distance stuff Ginny, so yeah, it would make me nervous.

 

[JBMD]

Not sure how flexible your vacation plans are, but it might be better to take your vacation at the end of the 5 week visitation and send kiddo home from Orlando to TN. This isn't something that mom can say no to! And it will solve the "less flights" issue.

Just an idea.

 

[proud_parent]

Not sure how flexible your vacation plans are, but it might be better to take your vacation at the end of the 5 week visitation and send kiddo home from Orlando to TN. This isn't something that mom can say no to! And it will solve the "less flights" issue.

Just an idea.

Brilliant suggestion!

 

[amberlea434]

Not sure how flexible your vacation plans are, but it might be better to take your vacation at the end of the 5 week visitation and send kiddo home from Orlando to TN. This isn't something that mom can say no to! And it will solve the "less flights" issue.

Just an idea.

I like this idea, as well. However, just incase we can't plan the vacation as such, let me make sure I understand this. Legally, Dad can't fly kiddo into FL instead of LA without Mom's permission because it doesn't say so in the CO? And the only way he'd be able to do so is if he gets permission from the court?

 

[proud_parent]

I like this idea, as well. However, just incase we can't plan the vacation as such, let me make sure I understand this. Legally, Dad can't fly kiddo into FL instead of LA without Mom's permission because it doesn't say so in the CO? And the only way he'd be able to do so is if he gets permission from the court?

Not quite. Rather, because of the wording of the CO, Mom can (if she chooses) assert a legal basis for balking if Dad requests to fly kiddo to FL. This leaves Dad with several options, including handling the issue in such a way that Mom can have no legal objection, requesting Mom's approval to deviate from the order, or taking Mom to mediation / court with the intent to modify the order.