CP traveling with child while NCP oposes

[microbes]

What is the name of your state (only U.S. law)? ILLINOIS

I'm the custodial parent. I have full legal and physical custody of our son. I am looking to take a vacation to visit my ailing father in Asia. I am planning to be away for 3 to 4 weeks. My ex-wife currently gets 8 hours of visitation every week. I had verbally offered for her to get the scheduled visits that will be missed due to my planned trip. I had actually offered more that the missed days, she would have seen her son an extra 6 times plus the make up visits prior to us leaving. So far she took 3 advaned days. I had asked her to sign this temporary visitation agreement for this summer which basically just outlined the days she can visit with her son and basically a notification that our son will be unavailable to visit with her for 3-4 weeks in September. She refused to sign the agreement stating that she can not allow me to take our son out of state. The only travel restriction is against her, she is not allowed to take our son out of state.

I know that I am well within my rights to travel with my child. I had offered to make up the visits ahead of time since the ex-wife does not work in the summer. I am mindful of her visitations and have every intention of doing make up visits ahead of time or after the trip. What sort of issue would I face if I go on with my planned trip? I had notified her 30 days in advance. I am willing to arrange make up visitations aside from the 3 she already took and will make sure our son is available for her to speak to on the phone or even via skype.

Do I need to go to court to ask for permission? I have tried to address issues amicably and not have to go to court to no avail. Is it possible to ask for a stay so that she doesnt file some charges in court while I'm away and get a judgement by default?

Thanx.

 

[CSO286]

Does the child already have a passport?

 

[mistoffolees]

What is the name of your state (only U.S. law)? ILLINOIS

I'm the custodial parent. I have full legal and physical custody of our son. I am looking to take a vacation to visit my ailing father in Asia. I am planning to be away for 3 to 4 weeks. My ex-wife currently gets 8 hours of visitation every week. I had verbally offered for her to get the scheduled visits that will be missed due to my planned trip. I had actually offered more that the missed days, she would have seen her son an extra 6 times plus the make up visits prior to us leaving. So far she took 3 advaned days. I had asked her to sign this temporary visitation agreement for this summer which basically just outlined the days she can visit with her son and basically a notification that our son will be unavailable to visit with her for 3-4 weeks in September. She refused to sign the agreement stating that she can not allow me to take our son out of state. The only travel restriction is against her, she is not allowed to take our son out of state.

I know that I am well within my rights to travel with my child. I had offered to make up the visits ahead of time since the ex-wife does not work in the summer. I am mindful of her visitations and have every intention of doing make up visits ahead of time or after the trip. What sort of issue would I face if I go on with my planned trip? I had notified her 30 days in advance. I am willing to arrange make up visitations aside from the 3 she already took and will make sure our son is available for her to speak to on the phone or even via skype.

Do I need to go to court to ask for permission? I have tried to address issues amicably and not have to go to court to no avail. Is it possible to ask for a stay so that she doesnt file some charges in court while I'm away and get a judgement by default?

Thanx.

1. What does the decree say about travel outside the U.S. (if anything).

2. What does the order say about her visitation?

 

[CJane]

Why does Mom have such limited visitation?
Why is there a travel restriction against Mom ONLY?
What is the child's citizenship?
What is yours?
Does Mom have any reason to fear whether or not you'd return with the child?
How old is the child?

 

[Ohiogal]

You may have trouble getting into the Asian country or countries WITHOUT permission from the non-traveling parent.

 

[microbes]

Does the child already have a passport?

Not yet. I'm applying this week. I have Sole Legal and physical custody so I do not need her permission to obtain a passport

1. What does the decree say about travel outside the U.S. (if anything).

There is absolutely nothing about travel in or outside the US.

2. What does the order say about her visitation?

Visitations states that the mother gets 8 hours every week and whenever I feel comfortable to increase it to overnight visits every other week. This whole temporary arrangement I set up was to build up to the weekend visits. There are still a lot of issues with restrictions from a drug addict boyfriend, etc...

I voluntarily attempted to provide more time for them to visit together but amicably doing it is just so straining.

Why does Mom have such limited visitation?
Due to tons of issue with stability.

Why is there a travel restriction against Mom ONLY?
Mom is Puerto Rican and have had tons of issues with mental stability during pregnancy and post partum. She once secluded my kid away from me for 2 months and refused to allow me to even talk to my son on the phone.

What is the child's citizenship?
Child is American, so am I.

What is yours?

I am an American

Does Mom have any reason to fear whether or not you'd return with the child?
She had made allegations that I said I was gonna take our son away but it was actually the other way around, she wanted to take him to Puerto Rico and not come back.

How old is the child?

Our chilld is 4 year's old.

 

[microbes]

You may have trouble getting into the Asian country or countries WITHOUT permission from the non-traveling parent.

The decree states I have sole legal and physical custody, I don't see why entry would be an issue.

 

[CJane]

The decree states I have sole legal and physical custody, I don't see why entry would be an issue.

Because sole legal/physical gets you a passport w/out the other parent's signature. It does NOT necessarily make it easy to cross borders/get through check points.

Your child isn't starting kindergarten?

Do you realize that if Mom does take this back to court for contempt, she could likely also get some modifications, such as having your control over her time with the child removed, the travel restrictions on her removed or changed to affect both of you, etc.?

 

[microbes]

I made a typo. our son is 4. He's been in pre-school since last year. I have made arrangements while we travel so he can continue with pre-school. I indtend to get the materials from the pre-school and work with him on those materials and also to temporarily enrol him to a pre-school during our trip.

 

[mistoffolees]

Visitations states that the mother gets 8 hours every week

If that's a court order, you can't take the child for 3 or 4 weeks without Mom's permission.

If you do, you will be in contempt.

 

[microbes]

I would love tobe able to just leave him with his mother while I travel but there are simply too many issues and complications. I definitely do not wanna be found in contempt that's why I provided for the make up visitations in advance which she had taken 3.

Should he stay in our state and I travel. His pre-school will be interrupted anyway due to the mom moveng an hour away from us ans she will have no means to take him to his school the 3 days that he goes to pre-school.

 

[CJane]

I made a typo. our son is 4. He's been in pre-school since last year. I have made arrangements while we travel so he can continue with pre-school. I indtend to get the materials from the pre-school and work with him on those materials and also to temporarily enrol him to a pre-school during our trip.

You plan to enroll him in school in a foreign country and you don't know why Mom would oppose the trip?

I'll ask again. Does she have ANY reason to fear that you would not return after 3 weeks?

Is the country that you're traveling to a signatory to the Hague Convention?

 

[microbes]

If that's a court order, you can't take the child for 3 or 4 weeks without Mom's permission.

If you do, you will be in contempt.

I informed her of a possible travel and offered that she starts the make ups in advance and she had already gotten the 3 visits that he would have missed.

 

[microbes]

You plan to enroll him in school in a foreign country and you don't know why Mom would oppose the trip?

I'll ask again. Does she have ANY reason to fear that you would not return after 3 weeks?

Is the country that you're traveling to a signatory to the Hague Convention?

I plan to enrol him so that he continues his interactions with kids and continue to learn. The classes are in English. I thought I'd get him to a pre-school so that he continues his routine and not to transfer. Even at 2 weeks, I want to minimize the change in his routine as much as I could going to see my dying father.

She has made allegations so I guess that's a yes. But my life is here, my career is here. I just wanna see my father that may not make it through in another couple of months.

Yes I believe Singapore is a signatory.

 

[CJane]

I think that taking your son is a very bad idea, and I think that if Mom DOES file for contempt, you risk pretty serious consequences. The courts are MORE likely to find you in contempt when interfering with a parent's very limited time than they are when the parent generally has MORE time.