Out of state travel for visitation

[ArkStepMom]

Court Order states: "Summer visitation for the Defendant shall consisit of six (6) weeks to be taken in the following manner: The first two weeks of June after school is dismissed for the summer; The first two full weeks of July and the first two full weeks of August."

it also states: "That the non-custodial parent shall not take the minor child out of state without the permission of the custodial parent, which permission shall not be unreasonably withheld."

and also states: "In the event the minor child is ill, and therefore unable to exercise visitation with the non-custodial parent, the custodial parent will present a doctor's excuse to the non-custodial parent as evidence thereof, and said visitation shall be made up within 30 days"

Given the history of CP thwarting visitations, using the doctor's excuse to deny visitation (once for a runny nose and once for bug bites, among other unexcused denials), we anticipate that CP will find reason to disallow a 5 day, out of state vacation to Disney World during our two week visitation in August for which tickets are purchased.

If we notify her now we risk the denial , but have time to seek court help, although it is more likely CP would wait until Aug 1 to deny. Or we could wait until Aug, when we have "child" to notify, and  determine then if the denial  is "unreasonably"

1) How much notice would you suggest we give?
2) Do you have any other suggestions to circumvent problems?
3) What prevents us from following through with our vacation when out of state travel is "unreasonably denied"?
4) What are the repercussions (SP?) ?

Thank you for your help Soc

[socrateaser]

>1) How much notice would you suggest we give?

Well, if you want to protect yourself legally, then you actually should have given notice before you paid for any of the vacation. That way her written consent, or tacit agreement via silence would permit you to invoke the doctrine of promissory estoppel, i.e., that you relied to your detriment by purchasing the vacation, on the promise of the other parent permitting the visitation, and that she should be "estopped" (prevented) from failing to perform under this implied contract, or if she breaches it, then she must pay fair compensation for your damages that are a direct result of the breach or flow naturally from the breach as a consequence (pay for the trip, perhaps at a later date, or pay for the trip you already paid for).


>2) Do you have any other suggestions to circumvent problems?

It's a crap shoot. If you don't say a word about the vacation, then she may be less inclined to trump up an excuse to hold the kid back, but you risk not being able to force her to pay. If you tell her now, then you risk her frustrating your visitation, but you have a much better chance of having a court order her to compensate you for your reasonable losses.

>3) What prevents us from following through with our vacation
>when out of state travel is "unreasonably denied"?

Nothing. It's up to her to take you to court and prove contempt. This sort of order is almost completely unenforceable. You are pretty much free to take the kid wherever you wish. The other parent would need to show some extraordinary reason why the child should not be removed, such as you are visiting Iraq for no particular reason, or that you told the other parent that you are leaving the country and never returning.


>4) What are the repercussions (SP?) ?

Likely none, see #3, above.

[ArkStepMom]

 :)