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Can my ex-wife take my children out of the state for vacation without my permission.

Fort Lauderdale, FL |

She has also denied visitation and the children have to sneak to speak with me.

Attorney Answers 4


  1. The answer depends on what your MSA or Parenting Plan says. We would have to see the specific documents in order to answer properly. Every case is unique.

    This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272 familylawyer411.com/about-carin https://www.facebook.com/pages/The-Law-Offices-of-Carin-M-Constantine/125967577416313 http://www.linkedin.com/pub/carin-constantine/b/861/445


  2. Does the existing Parenting Plan or Final Judgment have language that requires her to seek your permission to take the children out of state? If not, then she is not required to ask.

    However, the issue of her denying visitation and contact with the children is a separate one. If she is violating the existing Parenting Plan, then you should consult with a family law attorney in your area to discuss your options.


  3. Unless your Final Order of Dissolution of Marriage prevents her from doing so she is free to travel wherever she would like with the children during her scheduled time with them. As for the remainder of your question it sounds as if a Motion for Contempt may be in order with a request for make up time sharing and an award of attorney's fees and costs as a sanction for her contempt.

    Sincerely,

    Daniel Bachert, Esq.
    The Bachert Law Firm, P.A.
    330 Clematis Street, Suite 222
    West Palm Beach, Florida 33401
    (561) 653-3951
    Palm-Beach-Divorces.com

    Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.


  4. Whether or not either parent can take the children out of state would be governed by the parenting plan. If the parenting plan is silent, this may be considered a decision which falls within the ambit of shared parental responsibility.

    If your ex-wife is denying time-sharing and access, you can file a motion for contempt, enforcement and for make-up time-sharing.

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