Taking children on vacation

[baker71]

What is the name of your state? NY

I hope this is enough information.

My sister is separated from her husband, and in the process of getting a divorce. Right now, she is taking care of her two daughters.

They started out with a mediator, but there were too many disputes and each of them have now gotten a lawyer. She wants to take her daughters to DisneyWorld in FL in November (the grandparents are paying for it). At the moment, there is no custody agreement between her and her husband. He doesn't want the kids to go on the trip. His lawyer had written a letter to hers, stating this. She is now in the process of obtaining the services of a different lawyer, for financial reasons, and the original lawyer wasn't giving her a straight answer.

Is it illegal for her to take the kids because this letter has been sent to her? She would like to take them for seven days, if that makes a difference.

Thanks.

 

[demartian]

Reason

What is the father's reason for denying his daughters of a trip to Disney World?

 

[baker71]

Reason

Simply because my parents have a timeshare in Disney and he used to go with the family every year. He doesn't want to let the kids go because he isn't going. He told the kids this (they are three and five), right as he dropped them back off with my sister after spending the day with them, sending them into the house crying.

Two days later, she got the letter. As far as I know, it stated that he disagrees with them going on the vacation.

Edited:

The letter states, "my client requests that the children not be allowed to leave the state at this time."

 

[demartian]

You state that there is no custody orders in place, so both parents have every right to do what they normally do with the children. If they go on this vacation every year, there shouldn't be any reason why they can't go now.

In his lawyer's letter, what was his stated reason for not allowing this vacation to occur?

 

[nextwife]

Is this trip planned over a holiday that might otherwise be dad's turn to have his kids, if mom now has them all the time? Perhaps Thanksgiving? Did mom first discuss these plans with dad before TELLING the kids about it?

 

[baker71]

Letter

The only reference in the letter is this line, "my client requests that the children not be allowed to leave the state at this time." There is no further explanation. It does not interfere with any holidays, as the trip is to happen the week before Thanksgiving.

 

[Ohiogal]

The only reference in the letter is this line, "my client requests that the children not be allowed to leave the state at this time." There is no further explanation. It does not interfere with any holidays, as the trip is to happen the week before Thanksgiving.

Is the five year old in kindergarten and thus would be missing school to go? If there are no orders then mom has a right to take the children and go HOWEVER usually in a divorce proceeding with children there may be a mutual restraining order filed that states generalities about the kids -- neither parent may move the children outside of the jurisdiction or what not> Mom needs to recheck the filings and see if there is a standard restraining order on file.