FCS Mediation to change custody orders

Asked about 1 year ago - Santee, CA

My ex and I attended FCS mediation to change overseas travel arrangements with the minor child. We agreed on all aspects of the child custody except overseas travel. The mediator addressed all the issues except that one issue and said she will defer the issue to judge's discretion. Existing order says I can't take the child overseas without his permission and neither can he. I want this changed. What are my chances with the judge? I want this changed so I can travel without his permission.

Attorney answers (2)

  1. Andrew J Cook

    Pro

    Contributor Level 9

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    Answered . It totally depends on the situation. If there are any of the abduction risk factors, then it might be difficult. These include prior abductions, no ties in this country, no stable home here, etc. Where you will be traveling makes a difference, especially if they are not a Hague Convention Country. N the other hand, if you want to travel so the children can see the grandparents, and dad is not being reasonable, you might be able.

    So while a total shift might not happen right away, you might get one trip, with maybe some restrictions, like being forced to buy non-refundable tickets. Do that right, and maybe the restrictions get lifted later.

  2. Maryam Atighechi

    Contributor Level 10

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    Lawyers agree

    1

    Answered . Traveling without permission is tough. Especially with joint legal custody. The court's want both parents to have a say with travel, especially international travel. This is especiallly true given international abductions etc. You can plead your case to the judge and explain the reasoning for the travel, show itinerary of when you would be leaving and returning home etc. and they usually allow it for that one time of travel.

    Maryam Atighechi is a family law, real estate and civil litigation attorney in Sherman Oaks, CA. 818-647-1152.... more

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