My ex wants to take my son out of the state for vacation and I have told her no.
She says she is going anyhow. What can I do to prevent this. I only have till Friday evening, July 6th. This is what it states in our parenting plan - Out of state travel:
Is permitted when notice is provided to the other parent 5 days in advance. Such notice shall provide the child(ren)’s itinerary, travel mode, address and contact numbers.
Out of state travel:
Is not permitted without the prior written consent of the other parent.
She has not provided any information to me.
We live in Florida.
Family Law Attorney
You would need to file a motion in court to prevent it. These provisions seem inconsistent however, so I have some questions about what your order actually requires. I recommend consulting with a family law attorney, especially since given the short amount of time involved I seriously doubt that you could effectively address this on your own.
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Divorce / Separation Lawyer
While I agree that the parenting plan is a little inconsistent (Out of state travel:
Is permitted when notice is provided to the other parent 5 days in advance. and Out of state travel: Is not permitted without the prior written consent of the other parent.) However, in your situation, you ex will be in violation if she does take the child because she hasnt complied with either guideline. Unfortunately, at this late date, there is very little you can do to stop her, make sure you send an email to her stating that you are not consenting to the travel and that she did not provide you with the required notice or itenerary. If she goes and takes the child anyways, your main recourse is to file a Motion for Contempt so the Court can sanction her. The only way a Court will get involved before Friday night is if you were to file an Emergency Motion - however, those motions are for situations when the child is in physical danger or another parent will be absconding with the child out of state (with no intention of bringing the child back)
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The provisions of the parenting plan are inconsistent with one another. It also seems like there is little time to address with the court. But the main question is why are you objecting to her taking her son on vacation.
You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-377-6828. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.