Summer Vacation & Visitation

[tryindad]

Regarding visitation.  My ex wife, my son & myself all reside in the same county in CA.  My ex wife has sole legal and physical custody of our son.  Our court orders for visitation state that I am entitled to: "one weekend per month from 6pm Fri to 6pm Sun, one major holiday per year and one week during childs summer vacation time 'as agreed to by both parties'."  I usually spend a 2-3 hours with my son once or twice per week and have not exercised my right to a weekend visitation in over 2 years because of my current living situation.  I would like to take my son out of state on vacation this summer, but my ex tells me she will not allow me to take him out of state and if I do, it will be considered kidnapping.

1)  Is she right?
2)  What will happen if I take him anyway?

[socrateaser]

>Regarding visitation.  My ex wife, my son & myself all reside
>in the same county in CA.  My ex wife has sole legal and
>physical custody of our son.  Our court orders for visitation
>state that I am entitled to: "one weekend per month from 6pm
>Fri to 6pm Sun, one major holiday per year and one week during
>childs summer vacation time 'as agreed to by both parties'."
>I usually spend a 2-3 hours with my son once or twice per week
>and have not exercised my right to a weekend visitation in
>over 2 years because of my current living situation.  I would
>like to take my son out of state on vacation this summer, but
>my ex tells me she will not allow me to take him out of state
>and if I do, it will be considered kidnapping.
>
>1)  Is she right?

As long as you adhere to the exact conditions of the visitation order, you are free to take the child wherever you wish. Nothing in your order, as posted, restricts your ability to take the child out of CA, therefore, unless some other part of the order expressly restircts your travel with the child, then your ex is WRONG. Otherwise, she's right.

>2)  What will happen if I take him anyway?

If you're right -- nothing. If you're wrong, you will be in contempt, and possibly charged with a parental kidnapping, although that charge is usually reserved for a parent who intends to permanently deprive the custodial parent of physical responsibility for the child.