Summer Visitation Travel?

[Rhino50]

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

Here is what my order says:

2. That paragraph 7 of the June 17,2010 Order of Modification of Visitation is amended so that henceforth, the transportation costs associated with the spring break, Thanksgiving, Christmas, and summer visitation, shall continue to be equally divided between the parties. The child shall be flown on non-stop flights only, to and from Washington- Dulles International Airport, and to and from the Kansas City International Airport. The Mother shall book and pay for the round trip airline tickets, and the Father shall reimburse the Mother for one-half of the cost of the round trip tickets, with his reimbursement being due before the start of the visitation period.

My question is I want to take a family trip and drive my kids home instead of flying them...can I do that? It does not say anything about that what so ever and I'd like to be able to do that because we have never taken a trip like that before and I think it would be fun. Here's the kicker though...when I sent my email requesting my dates (in March) I specifically said please do not make any arrangements until you have confirmed the dates with me, so what does the ex do...she emails back a month later and says sorry already booked the flight and you owe me this much! She booked the flights 10 minutes before she sent the email! As you can see things are difficult to say the least. I don't see how I couldn't just drive them home since it doesn't say I can't?

Thanks

 

[Zigner]

Based on what you wrote, your order is very specific and does, in fact, say that you can't drive them, as it ONLY allows airline travel.

 

[single317dad]

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

Here is what my order says:

2. That paragraph 7 of the June 17,2010 Order of Modification of Visitation is amended so that henceforth, the transportation costs associated with the spring break, Thanksgiving, Christmas, and summer visitation, shall continue to be equally divided between the parties. The child shall be flown on non-stop flights only, to and from Washington- Dulles International Airport, and to and from the Kansas City International Airport. The Mother shall book and pay for the round trip airline tickets, and the Father shall reimburse the Mother for one-half of the cost of the round trip tickets, with his reimbursement being due before the start of the visitation period.

My question is I want to take a family trip and drive my kids home instead of flying them...can I do that? It does not say anything about that what so ever and I'd like to be able to do that because we have never taken a trip like that before and I think it would be fun. Here's the kicker though...when I sent my email requesting my dates (in March) I specifically said please do not make any arrangements until you have confirmed the dates with me, so what does the ex do...she emails back a month later and says sorry already booked the flight and you owe me this much! She booked the flights 10 minutes before she sent the email! As you can see things are difficult to say the least. I don't see how I couldn't just drive them home since it doesn't say I can't?

Thanks

The problem with that theory is that the order DOES say exactly what is to be done, and you want to vary from that. While a road trip generally isn't a bad idea, it is well outside the order and would need to be negotiated in advance, probably in court. Mom is not going to be on board with this, because a one-way ticket is not 1/2 the cost or less of a round-trip ticket, which would increase her contribution to the travel expenses.

Maybe she'd agree to an arrangement next year where you'd handle both pickup and dropoff by car, and she'd contribute partial expenses for that arrangement. That's just conjecture though, and she would certainly not be bound to do that.

 

[gam]

Posting Hx, he didn't show to court when this order was made. She got what she wanted and he does not want to pay the expense of what the flights are now going to cost.

Had he showed to court or done a phone in, why then he might not have gotten such strict wording in his order. Mom has already bought the tickets, you owe her for your portion of those tickets prior to said start of your parenting time, according to your other post.

 

[Rhino50]

Posting Hx, he didn't show to court when this order was made. She got what she wanted and he does not want to pay the expense of what the flights are now going to cost.

Had he showed to court or done a phone in, why then he might not have gotten such strict wording in his order. Mom has already bought the tickets, you owe her for your portion of those tickets prior to said start of your parenting time, according to your other post.

First of all you don't know what my whole situation is so please stay out of it! As for phoning in for court...would have loved too, but VA doesn't allow it and I couldn't afford the flight after spending almost $25,000 over the last 10 years to make sure my kids are in my life. Trust me if my ex had it her way her and her husband would shut me out completely and go on acting as if the kids are theirs, so understand what's going on before you speak out of turn. I'm asking a simple question because this was something we were planning way before the new court order. Unlike most Dads these days I’m trying to do the right thing and fight to make sure my kids are in my life and my families!

As for the other responses, I appreciate it! Unfortunately it sounds like I'm going to have to once again hire an attorney in order to be able to do something as simple as be able to see my kids without financially being drug in a hole!

 

[Zigner]

First of all you don't know what my whole situation is so please stay out of it!

Consider it done!

 

[CSO286]

First of all you don't know what my whole situation is so please stay out of it! As for phoning in for court...would have loved too, but VA doesn't allow it and I couldn't afford the flight after spending almost $25,000 over the last 10 years to make sure my kids are in my life. Trust me if my ex had it her way her and her husband would shut me out completely and go on acting as if the kids are theirs, so understand what's going on before you speak out of turn. I'm asking a simple question because this was something we were planning way before the new court order. Unlike most Dads these days I’m trying to do the right thing and fight to make sure my kids are in my life and my families!

As for the other responses, I appreciate it! Unfortunately it sounds like I'm going to have to once again hire an attorney in order to be able to do something as simple as be able to see my kids without financially being drug in a hole!

Yes it does. I just did a search on the VA Courts website for info on telephone hearings and depositions :
http://google.virginiainteractive.org/courtssearch.html?cx=006541648125353085856:uv2vvymdhqm&cof=FORID:10&ie=UTF-8&q=telephonic+&siteurl=http://www.courts.state.va.us/

And there are multiple hits re appearing and via phone as well as the admissibility of telephone depositions.

Did you even contact court admin and request a telephone appearance?

 

[Zigner]

Yes it does. I just did a search on the VA Courts website for info on telephone hearings and depositions :
http://google.virginiainteractive.org/courtssearch.html?cx=006541648125353085856:uv2vvymdhqm&cof=FORID:10&ie=UTF-8&q=telephonic+&siteurl=http://www.courts.state.va.us/

And there are multiple hits re appearing and via phone as well as the admissibility of telephone depositions.

Did you even contact court admin and request a telephone appearance?

I believe we were asked to stay out of it because we don't know the whole situation.

 

[CSO286]

I believe we were asked to stay out of it because we don't know the whole situation.

You are correct.

*hangs head in shame*

 

[Silverplum]

I was just coming to post what CSO posted, but she's speedier.

Be warned: it's not easy to successfully lie to us, and not easy to successfully lie to the Court.

I also vigorously agree with Zigner.

 

[CJane]

In January, I drove from the Kansas City, MO area out to the coast of NC. I realize that's not EXACTLY the same as driving from KC to VA, but it's got to be similar. I did the trip with only another adult, no kids with us, and as a serious road trip with stops only for gas and caffeine.

It was not cheaper than it would have been to fly, nor was it more 'fun' than flying would have been. I have exceptionally well-behaved children, and there is no part of that trip that would have been more 'fun' with them along. Nor is there any part that would have been cheaper than flying.

Perhaps it would be better to do the roadtrip thing during your vacation period with the children, and then put them on the plane as ordered. Either way - you have to pay half the round trip airfare. The order doesn't allow you to refuse to pay, even if you interpret that it DOES allow you to make your own travel arrangements (and it does NOT).