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Author Topic: who has rights in drive vs. air  (Read 1143 times)


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who has rights in drive vs. air
« on: Mar 16, 2007, 12:30:12 PM »
I have 1 week visitation rights in March, June, Sept. and 2 weeks in Dec.
In Feb. I asked the ex-wife if i could have the children on March 30- April 6.  She replied she would have to check her schedule.
And the decree says March.

I said ok. What about 3/2- 3/9.  Her reply, I will have to check my schedule.  I said, I need to know soon because the tickets are going up every day.  

I never got a reply.  On 2/14 I asked my lawyer what to do?  He said book the flight and if she does not send kids she is in contempt.  Great idea.  On 2/18 I booked the flight, non stop, 2children,then I sent one cert. letter and one reg. mail of the childrens itinerary.  She was left a notice 2/24 for the registered mail.  Which she never picked up till 3/8.

On 3/3 while talking with my daughter,(12) my daughter mentions "we will be driving down."  I call the lawyer and continue for four days negotiating what are my rights.  

My ex knew plenty in advance to get her ticket.  There is nothing in the decree stating she has to fly with the children. She first said, It would cost her $1000.  She wanted me to transfer the tickets to Dec. and she would pay the costs for the transfer.  This way she could drive.

In the end my lawyer advises me to cancel my flight tickets because my ex said they can be cancelled. (I have not checked, yet)  Why would I cancel anything?  Just because she waited to long to get a flight it becomes my problem?  Just because she is not ready to let the children fly by themselves.

I believe she will drive down, then say I am in contempt for not giving her the cost of the flight ( which is in the decree).

What rights do I have (since she does not have to fly with the children) and how can I enforce them?  How is it that I become in contempt?


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RE: who has rights in drive vs. air
« Reply #1 on: Mar 16, 2007, 12:35:27 PM »
There are too many variables for an answer. First, you'd need to post the exact wording of every relevant section of your agreement. Then, we'd need to know what state has jurisdiction and what their case law says in matters like this. The ages of the kids probably matters, too.

Since you're already dealing with an attorney, you have 2 options:
1. If you trust him and think you're getting a straight answer, go with what he says.

2. If you're not confident with your lawyer, consult a different one.


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RE: who has rights in drive vs. air
« Reply #2 on: Mar 16, 2007, 06:46:35 PM »
It depends on what it states in your parenting plan.

Why would she have to fly with the kids, my son flies to his grandparents along, they have an extra fee where she can have an adult companian (sp) for the flight, you take the child to the ticket gate w/ photo id fill out a form who will be picking up that child, they take the child on the plane, then take them off and only give them to the person who is on the pick up list (must have id)

I would read your order and see what it really says.  If it says they fly and doesn't mention mom flying w/ them, I would file the cost of the tickets be repaid. Just my opinion.

**These are my opinions, they are not legal advice**


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thse guys are right
« Reply #3 on: Mar 17, 2007, 06:29:51 PM »
it boils down to what exactly does your order say?

Then it's up to each individual judge as to how what's in your order he/she interprets it.

For example, my judge said that since I pay for transportation, I decide on transportation.

For example, my judge said that when October 31st fell on a Friday, that weekend was available as a weekend for October (I get one weekend a month as long as I give EX 2 weeks notice.  EX disagreed as that weekend being an October weekend because Sat and Sun were in November).

Other judges might rule differently....

Start with "What exactly does your order say?


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