Ex-wife wants to take children out of the country.

[dcross_1]

Good Day,
I could use a little help and advice on the above topic, so here are the details.
My ex-wife wants to take our three children from Kansas, to Canada to visit her mother for two weeks. Her mother has lived in Canada for about 4 years, and only moved there after having marring a Canadian (Relevant? I don�t know).

Here are the specifics:
1. The Parenting Plan states that each parent must provide in
    writing, by May 1st, the one uninterrupted week that they wish to spend  
    with the children during the summer.  (Ex-wife has not done this)

2. On April 14, I received a certified letter in the mail summoning me to
    court. My ex- wife is taking me to court, asking the court to allow her to
    take our children out of the country, on vacation to visit their
    grandmother for 11 days. This was the first time  
    that I have receive any written notice of intent and the dates.

3. I have verbally told my ex-wife, that I would not give my blessing, for
    her to take the children out of the country. However, my ex-wife has
    not met her court appointed obligation; by first sending me, in writing,
    the one week of vacation time.
    Secondly, the parenting plan also states that if an agreement can not be
    made between
    the parties, then both parties shall enter into mediation. If the matter
    can not be resolved in mediation, then the issue should be brought forth
    to the court. (not done)

4. I would like to go into court and ask that the case be dismissed on the
   grounds that my ex-wife has not followed the court appointed procedure
   of providing written notice of her intent for vacation time. Also, that by
   filing a request with the court, before following the laid out parenting
   plan, that she is also in contempt of court. Finally, my ex-wife is asking
   for 11 days uninterrupted time in Canada, which actually equates
   to me not seeing our children for 16 days in a row.

My question here is, �What are my chances of getting a ruling in my favor (taking into account a fair and impartial judge)?� Is there any advice that any has to offer?
Also note that my ex-wife has no ties to the community here in Kansas. In fact, we are both originally from California and moved to Kansas in 1997 due to my career. My ex-wife and I did not have a healthy marriage, nor do we have a healthy relationship now. I do not trust her and I have no idea if she will come back from Canada or not. I do believe that she will come back; however, if she does not, then it would be yet another time in which she has been able to pull the wool over my eyes. I DO NOT TRUST HER! She can look me in the eyes and I can not tell when she is lying! (9yr relationship, including marriage)

Also my ex-wife (CP) loves to throw the Parenting Plan in my face, every time I ask for a few extra hours with the children. Now she wants an extra week of vacation time in the summer, of which the bulk of my parenting time is scheduled.  So yes, I would like to see her eat her own words once in a while.      Court date: May 16, 2006

Thank you in advance

[hagatha]

I doubt the court will simply dismiss her petition just because she didn't follow the current order to the letter. All she has to state is she did not believe you would be cooperative.

That being said, I would suggest you agree to her taking the children to see their grandmother. Most of the Judges you will encounter are grandparents themselves. They understand the importance of the relationship between children and their grandparents.

However, I don't suggeat you simply give in. I would write her attorney a letter (CCing the court of course) with an offer.

First, if you truely feel she will not return I would ask for a security bond. Typically this is about $1000 per child. It can be more or less depending on the financial ability of the parent.

Second I would ask for an additional week to compensate for your missed time.

Third I would ask for a detailed itenitary. Including the address and phone number when the children can be reached and a definate time to contact them during their vacation.

Now, if she had scheduled this vacation during the time you had already requested, and you could not switch your weeks off work I would say fight this. But you would have to prove to the court she knew when you wanted the childen for your vacation time and ask that she reschedule.

The thing is, the court will in all likelyhood grant this vacation for her.  So by appearing to be cooperative you can get something you want in return.

The Witch

[Ref]

I completely agree. From what I have seen, judges aren't likely to keep a child from visiting family overseas simply on the basis of a feeling the other parent has. I think this is a lost cause.

It really doesn't seem like you have any real fear of her kidnapping your child. If you are anything like my husband, you are just sick of her screwing with you and would like a little satisfation of you own. I don't blame you for that feeling, but you really shouldn't act on it. Don't stoop to her level on this one.

Good Luck!
Ref