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Must custodial parent allow a scheduled international visit if the noncustodial parent refuses to provide a full itinerary?

Bronx, NY |

Noncustodial parent lives overseas. Custody/visitation order in NY, where child resides. Order states noncustodial parent must provide "full itinerary and contact information" to sole custodial parent for all overseas visitation. Parents alternate chaperoning child; same parent does outbound and return for each visit, as per order. For all previous visits, regardless of chaperone, ncp has provided cp a copy of booking from airline in advance (4 days to 4 months) with clearly visible confirmation numbers. NCP has stated in writing he will not provide such now. Has indicated airport, departure times informally. NCP is chaperone; CP is expected to turn child with passport over without any *real* flight documentation. Just don't know what to do.

Attorney Answers 4

Posted

Send a letter/e-mail to NCP stating that, without him/her providing the full itinerary & contact information per the order, you will not consent to the trip. State you see no reason for this information not to be provided & ask for his/her reason(s) for refusing to provide same. Ultimately this may need to be brought back to court. Schedule a consultation with a Bronx Child Custody attorney for a full assessment.

* If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly. www.blivenlaw.net

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Asker

Posted

I have done this. He fears sabotage. And I haven't demonstrated a need for the flight confirmation numbers. His words. I'll try again. Thank you for the advice.

David Ivan Bliven

David Ivan Bliven

Posted

Fearing sabotage isn't grounds to violate the order. Good luck - & call a lawyer if he doesn't comply. * If you found my answer to be the "BEST ANSWER," please feel free to mark it accordingly.

Posted

No. However, such a denial will invariably lead to more family court litigation, time lost and lawyer fees paid. Perhaps you can be more proactive in getting this information at least to have a paper trail that the NCP failed to provide information required by the order. Remind the NCP of the order and what it requires and be flexible.

Good luck.

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Posted

I am unsure how I can be more proactive or flexible. I have tried to confirm the flights with what info I have been given and I cannot. If I could confirm the travel or get a full itinerary on my own, I'd do it. Thanks though. Paper trail is there, in spades.

Asker

Posted

I am unsure how I can be more proactive or flexible. I have tried to confirm the flights with what info I have been given and I cannot. If I could confirm the travel or get a full itinerary on my own, I'd do it. Thanks though. Paper trail is there, in spades.

Posted

"Overseas" is a big place. Do you have any concerns the NCP might not return the child? If so, you may have a Hague Convention case in the making here, and the country of destination is of paramount importance to assess the risk. See my website on international child abduction, and the text of the presentation I made to the ABA 2011 Fall Conference on this topic.

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Posted

The ncp lives in the U.K. Yes, I have reason for concern; ncp is extremely hostile and makes constant threats that there will be custody changes. So long as I had the info with which I could confirm a flight back, I ignore him. This time, he says he will not give that. Hence my concern.

Catherine M Parker

Catherine M Parker

Posted

The UK is one of the best/fastest countries for the enforcement of Hague rights. Still a lot of pain, time and expense to retrieve a child there. If the NCP refuses to comply w/the order and provide an itinerary, you have to worry the child may be taken to a 3rd country. I am not licensed in NY, but I think you should be very cautious before handing over the child & passport under such conditions. Go to a NY attorney familiar with Hague/international issues.

Posted

Just send the parent a copy of the "So Ordered" Stipulation or Final Order, highlighting the relevant itinerary paragraph as well as the paragraph pertaining to what the consequences are for disobeying the Order. In addition write him/her a letter stating that should he/she be willing to violate the Order that's his or her problem and that you are not willing to violate a court order. You should not have to release the child, based on the facts as you presented them here. Caveat: always sit down with an attorney before you decide to do anything on your own. Show that attorney the parent's latest correspondence and a copy of the Custody/Visitation Order. Good luck.

The aforementioned answer should not be construed to replace the advice of a legal professional, given after a thorough inquiry into the facts and allegation in this case. The aforementioned answer is for informational purposes only.

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