My son's father is responsible for 100% of the transportation. He usually drives to pick him up, doesn't get him on his three day weekends and is never here when he says he will be. It is an 8 hour drive, he blames being late on his three children that he always brings with to pick up our son even though they could stay home with his wife. He wants me to drop our son off at the airport and expects me to trust that he will be there on time to pick him up. If I refuse to take him to his flight that he already paid for can I be held in contempt even though I told him weeks ago in a text that I will not let him fly alone?
There is no easy answer to this question. There are many factors to consider, such as the maturity level of the child, whether the flight is direct, the size of the airport your son would be traveling to, etc. If there is a genuine safety concern, you would have a defense to a charge for contempt. That being said, there is no guarantee that the judge will agree with your safety concerns. I would suggest contacting local counsel for further advice.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
Family Law Attorney
Missouri family courts have broad discretion to enter travel orders involving children. Given your circumstances, you have arguments to modify the custody schedule to reflect the more realistic situations Father has created by his conduct. It is important to consult with an experienced family law attorney about your options.
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