What is the name of your state (only U.S. law)? FL
My ex recently was awarded joint custody. He is an Irish citizen, which automatically makes my daughter a dual-citizen.
The court approved his parenting plan and in the section that addresses international travel, the box is not checked, or is the blank space filled in that indicates how many days notice needs to be given to other parent. There is also no mention of passports in the Final Judgment.
He sent me passport papers to complete, with no indication of where he was traveling or dates. He later provided me, at his attorney's request, with country (states primarily Ireland) and now his attorney wants to file an emergency hearing this week if I don't produce signed documents.
I was able to secure an attorney and we asked that since the Final Judgment is unclear about any international travel, that he sign and get the court to order a stipulation stating:
1. He will not seek to get her an Irish passport
2. That he will not seek any custody initiatives anywhere else
3. He follows the law of the Hague Convention
4. His travel is limited to Ireland and England
5. He is responsible for all expenses regarding international travel
6. I will have contact twice with child during trip (She is 6 years old)
They refused the above but offered a Stipulation that would say he would follow the law under the Hague Convention. That's it.
I am yet to hear from my attorney on what his proposed response will be.
My concern is he does have strong ties to Ireland (his entire family, including three other children live there). And, if I have requested the above, he doesn't agree to it, but I sign off that I agree to his stipulation, that I could be setting myself up for future trouble. If he does issue her an Irish passport, what are my legal disadvantages?
My retainer is about to dry up, possibly before this even gets to court, and I would like to know if I should stay steady on my requests or is his sufficient? I may have to go ProSe at court.
I have a friend who is going through hell with a similiar situation and don't want someone to tell me down the line "You shouldn't have agreed to his stipulation ..."
Any immediate assistance would be greatly appreciated.
I do plan on asking the court for clarification on several items on the final judgment as it contradicts itself on several issues. Obviously his attorney prepared the final recommendations and findings and I was ProSe at the time.
My daughter is presently in 3rd level of intervention at school for behaviorial/emotional problems. She has threatened to kill herself and school had me bring her immediately for a psych eval that day. He has been given all this information, her Conner Scale ratings are off the chart for ADHD and ODD and yet he is objecting to therapy, a homework assistance program, a mentoring program, Big Brothers/Big Sisters. Even with the pediatrician referring her for a psych eval, he is dragging his feet and now months have gone by as my daughter continues to escalate in the school intervention process.
My feeling is that this is much more of a concern than a summer vacation.
That's my next legal battle with him.
Any immediate advise would be greatly appreciated.
My ex recently was awarded joint custody. He is an Irish citizen, which automatically makes my daughter a dual-citizen.
The court approved his parenting plan and in the section that addresses international travel, the box is not checked, or is the blank space filled in that indicates how many days notice needs to be given to other parent. There is also no mention of passports in the Final Judgment.
He sent me passport papers to complete, with no indication of where he was traveling or dates. He later provided me, at his attorney's request, with country (states primarily Ireland) and now his attorney wants to file an emergency hearing this week if I don't produce signed documents.
I was able to secure an attorney and we asked that since the Final Judgment is unclear about any international travel, that he sign and get the court to order a stipulation stating:
1. He will not seek to get her an Irish passport
2. That he will not seek any custody initiatives anywhere else
3. He follows the law of the Hague Convention
4. His travel is limited to Ireland and England
5. He is responsible for all expenses regarding international travel
6. I will have contact twice with child during trip (She is 6 years old)
They refused the above but offered a Stipulation that would say he would follow the law under the Hague Convention. That's it.
I am yet to hear from my attorney on what his proposed response will be.
My concern is he does have strong ties to Ireland (his entire family, including three other children live there). And, if I have requested the above, he doesn't agree to it, but I sign off that I agree to his stipulation, that I could be setting myself up for future trouble. If he does issue her an Irish passport, what are my legal disadvantages?
My retainer is about to dry up, possibly before this even gets to court, and I would like to know if I should stay steady on my requests or is his sufficient? I may have to go ProSe at court.
I have a friend who is going through hell with a similiar situation and don't want someone to tell me down the line "You shouldn't have agreed to his stipulation ..."
Any immediate assistance would be greatly appreciated.
I do plan on asking the court for clarification on several items on the final judgment as it contradicts itself on several issues. Obviously his attorney prepared the final recommendations and findings and I was ProSe at the time.
My daughter is presently in 3rd level of intervention at school for behaviorial/emotional problems. She has threatened to kill herself and school had me bring her immediately for a psych eval that day. He has been given all this information, her Conner Scale ratings are off the chart for ADHD and ODD and yet he is objecting to therapy, a homework assistance program, a mentoring program, Big Brothers/Big Sisters. Even with the pediatrician referring her for a psych eval, he is dragging his feet and now months have gone by as my daughter continues to escalate in the school intervention process.
My feeling is that this is much more of a concern than a summer vacation.
That's my next legal battle with him.
Any immediate advise would be greatly appreciated.
