Travel out of the country

[rltfox]

Dear Soc,

All parties & parenting plan are in the state of Washington.  We attended mediation 4/30/05 where we presented CP with our plans to travel with SS (age 10) to Mexico this summer, along with a "Consent to Travel" form.  CP refused to sign without her attorney reviewing it first (even though both mediators told her it was routine).

In the signed mediation agreement CP was given until 5/13/05 to review, sign & return the document.  Failure to do so made summer 2005 visitation dates "null & void".  That clause was added because we figured if CP refused to sign & we had to go to court over it, we would also address the summer visitation blocks (PP states "5 weeks consecutive", CP won't break up unless it is at her request) and get the dates we originally wanted.

Since then CP has had several excuses of why she couldn't sign.  First because the form was for the entire month of August (to provide some flexibility in travel plans).  So we updated the form to cover our exact 5 week block.  We handed that form to CP in person on 5/13/05 when we picked up SS for the weekend.  She refused to sign it because she was "busy" & had to "be somewhere".  CP didn't have it signed on 5/15/05 when we dropped SS off either.

Last week we sent a written request to CP & CP attorney extending a final deadline for the form to be returned (5/20/05).  Again that date has came & went without signature.  CP left a phone message on 5/21/05 stating she wasn't going to pay to have it notarized.

CP had opportunities to have it notarized on 4/30, 5/13 & 5/15 when I brought my notary stamp with me.  We do not live in the same town so I am not able to notarize anything until the next time we see her.  Her waiting has already cost us one airline reservation hold.  The next is set to expire 5/27.  If we do not book by then we will incur a significantly increased cost.  We are not comfortable accepting a verbal agreement that she will sign because her history shows she will not follow through.

Question 1:  Do I just send CP the money to get it notarized?  I don't mind paying for it, but I am not confident that she will actually follow through.

Question 2:  Is there a way to go to court to get this signed?  We have never been late or kept SS longer the parenting plan dictates.

Question 2a:  If yes, how do we get this into court.  We don't necessarily want to hire a lawyer for something like this.  I can't believe a judge wouldn't make her sign it.

I know we could go on vacation elsewhere, but I don't think we should have to change our vacation plans because CP is being difficult.  It is almost June & we can't even make plans.  Thanks for your help!

[socrateaser]

>Question 1:  Do I just send CP the money to get it notarized?
>I don't mind paying for it, but I am not confident that she
>will actually follow through.

Send her $20 with a letter stating that "per our phone conversation of ??/??/????. I am enclosing a check for $20 to cover the cost of notarizing your signature on the previously agreed-to parenting plan before ??/??/????, which is the date on which our itinerary reservation expires." Enclose a copy of the proposed plan with your signature on it. If she cashes the check, then that would be the equivalent of a signature on the parenting plan, and your check would be evidence that she agreed to the plan, even if she never actually signs.

And if she doesn't cash the check or sign, then at least you'll know for certain that she never will.

>
>Question 2:  Is there a way to go to court to get this signed?
> We have never been late or kept SS longer the parenting plan
>dictates.

Unless the mediation resulted in an agreement, everything that occurred during mediation is privileged and inadmissible as evidence in court. So, you're basically back to square one.

>
>Question 2a:  If yes, how do we get this into court.  We don't
>necessarily want to hire a lawyer for something like this.  I
>can't believe a judge wouldn't make her sign it.

Well, you are not in the position of having to file a motion to modify the parenting plan, on grounds that mediation was attempted and was unsuccessful. So, while the court may enforce your modification, I wouldn't count on it until you have an signed order in your your hand.

You need to nail it down. Call the other parent and tell her your recording the conversation, and that you'd like to know if she agrees with the mediated plan or not, and if so, then why won't she

[jcsct5]

I am not an attorney, but I am a notary. While I realize laws are different state to state (I'm in CA) I wouldn't notarize the document on her belhalf. You could be considered as having a financial interest in the document being signed and you obviously have and emotional interest in it being done. I think that would leave to much liability there for you if BM were to claim that she didn't in fact ask you to notarize the document or claims that she did it under duress.

My DH had a similar issue having his ex sign and notarize a document. She also refused to pay to have it done.  So we informed her we would be happy to cover the expense and offferec to pay before. We ended up giving her the $10 when she gave us the document.

Good Luck

[socrateaser]

>I am not an attorney, but I am a notary. While I realize laws
>are different state to state (I'm in CA) I wouldn't notarize
>the document on her belhalf. You could be considered as having
>a financial interest in the document being signed and you
>obviously have and emotional interest in it being done.

I agree.

[rltfox]

Thank you both for your responses.  I can't believe I didn't think of that.  It is totally something she would pull.  Thanks again.

[rltfox]

Dear Soc,

We sent her the check & a letter stating locations that notarize documents in her city. She was given a final deadline of 5/31/05 to return the form & we also included a SASE so it would be no cost to her.  I cc'd her attorney the letter as well.

She received the letter on 5/26/05, but has not cashed the check.  It is  obvious that she doesn't intend to sign the letter.  I can assure you she is being difficult because we want to take him on a vacation.  The mediation agreement is signed by both parties & says:

"2. Tentatively for 2005 Summer Vacation, FATHER will have CHILD for 5 weeks starting July 22 at 6 pm and returning August 26 at 6 pm. (alternating weekend visits remain as scheduled for MOTHER).

MOTHER will review document Authorize Out of Country Travel for CHILD by May 13, 2005.  If no issues, she will sign and five week visitation with FATHER & CHILD will remain as outlined above.

If MOTHER doesn't sign Authorization to Travel for CHILD, then #2 agreement above is null and void."

Q:  Is there any recourse we have to get her to sign this?

Thanks again!

[socrateaser]

>Dear Soc,
>
>We sent her the check & a letter stating locations that
>notarize documents in her city. She was given a final deadline
>of 5/31/05 to return the form & we also included a SASE so it
>would be no cost to her.  I cc'd her attorney the letter as
>well.
>
>She received the letter on 5/26/05, but has not cashed the
>check.  It is  obvious that she doesn't intend to sign the
>letter.  I can assure you she is being difficult because we
>want to take him on a vacation.  The mediation agreement is
>signed by both parties & says:
>
>"2. Tentatively for 2005 Summer Vacation, FATHER will have
>CHILD for 5 weeks starting July 22 at 6 pm and returning
>August 26 at 6 pm. (alternating weekend visits remain as
>scheduled for MOTHER).
>
>MOTHER will review document Authorize Out of Country Travel
>for CHILD by May 13, 2005.  If no issues, she will sign and
>five week visitation with FATHER & CHILD will remain as
>outlined above.
>
>If MOTHER doesn't sign Authorization to Travel for CHILD, then
>#2 agreement above is null and void."
>
>Q:  Is there any recourse we have to get her to sign this?

No. I don't know what your original court orders say about dispute resolution, but assuming that there's no other enforcement means set up, then if she won't sign or cash the check, that means that she doesn't agree, so your recourse is a motion to modify parenting time. You could tell her, that unless you have the document back within the next 2 busines days that you will assume that she intends to not sign, and that you will file for relief and for attorney fees and costs of suit, due to her unreasonable and inequitable failure to cooperate.

But, that's about all you can do.

[rltfox]

The letter we sent with the check stated that the form needed to be signed, notarized & returned by May 31, 2005 or else we would be forced to go to court to get it signed.  We also said in the same letter we would request court costs, attorneys fees, etc. if we have to go to court.

You stated we need to file a motion to modify parenting time.  Sorry to be so ignorant on this, but how do we go about doing that?  Thanks again!

[socrateaser]

>The letter we sent with the check stated that the form needed
>to be signed, notarized & returned by May 31, 2005 or else we
>would be forced to go to court to get it signed.  We also said
>in the same letter we would request court costs, attorneys
>fees, etc. if we have to go to court.
>
>You stated we need to file a motion to modify parenting time.
>Sorry to be so ignorant on this, but how do we go about doing
>that?  Thanks again!

http://www.courts.wa.gov/forms/forms_instruct/index.cfm?fa=forms_instruct.display&filename=parplan

[rltfox]

The original PP is in Benton County.  After it was filed we all moved to Spokane County.  CP moved back to Benton County 2 years ago (with 1 day notice).  Can I file this in Spokane County?  Do you think we are wasting our time with this?  It may seem trivial in the grand scheme of things, but we haven't been able to plan for our time in the last 5 years until the last minute.

Also, is this something we can do on our own or should we hire an attorney to handle this?  If we hire an attorney, how likely is it we will be able to recover court/attorney costs?

Thank you!