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Taking the kids out of state…

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pypercat

Member
What is the name of your state? ID



Here’s my situation:
Last year my fiancée and I took the kids to Hawaii for spring break – right up until their last day of school my ex was threatening to not let us go – even told me in front of the kids that they weren’t going to be allowed to go. (He had agreed to let us take them in November 2004, then had a “change of heart.”)
We have joint legal and joint and shared physical custody.
This year for Christmas, we bought tickets to a NFL football game and will be taking the kids out of state for the game (all of this will be during my holiday time and won’t interfere with his). I haven’t told my ex about our plans for fear he will make an issue of it and try to block our trip. I do want to let him know that we will be taking the kids on a trip so he knows where they are and my oldest has a cell phone so they can stay in contact with their dad without interruption.
Am I required to give him the detail of our trip, or will it be enough just to let him know where we are going?
 


CJane

Senior Member
What do your orders say re: trips out of the area for short durations? My orders only state the the other parent should be notified of where the children can be reached in the case of an emergency.

Do your orders require notification? Do they require consent?
 

karried75

Junior Member
I know that the laws may differ some but in TX. so long as the one parent is only going for a visit and no intentions of a permanent move are made then you have no obligations to him. the reason i know this is that my ex took my kids durring what was supposed to be my visitation, to another state for the weekend just to avoid having to let me have the children. the only thing they could charge him with was contempt of court, and felony interferance of child custody. and that was only because it was my court orderded visitation with the kids. anyway, good luck
 

pypercat

Member
CJane said:
What do your orders say re: trips out of the area for short durations? My orders only state the the other parent should be notified of where the children can be reached in the case of an emergency.

Do your orders require notification? Do they require consent?
Thank you, CJane. Our orders don't specify any restrictions on travel with the kids, nor need for notification or consent. So, I guess as long as I let him know where the kids are and make sure my son keeps his cell phone handy for emergency contact I should be covered?

karried - that had to be tough! good luck to you, too! And thanks for the encouragement
 

CJane

Senior Member
pypercat said:
Thank you, CJane. Our orders don't specify any restrictions on travel with the kids, nor need for notification or consent. So, I guess as long as I let him know where the kids are and make sure my son keeps his cell phone handy for emergency contact I should be covered?
If there's nothing in your orders, then IMO, it's just courtesy to even let him know where you'll be. He has the kids' cell phone number and can reach them in an emergency. That's more than a lot of parents have while the kids are with the other parent. If you think dad's going to raise a stink, don't tell him.
 

LdiJ

Senior Member
He actually couldn't have blocked your Hawaii trip either. You weren't leaving the US.
 

pypercat

Member
Thank you

Thanks for the feedback - it is much appreciated.

I do know he can't block my trips with the kids as long as they don't interfere with his time and, when it was all said and done, we had a great time with the kids in Hawaii. This time, I didn't want him putting the kids in the middle again, and I wanted to find out how much I need to tell him about trips and if I need to notify him in advance. :) Thanks again!
 

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