I’d like to take a family vacation in the US this winter 2020 with my daughter on my court ordered days. The only thing the court ordered papers say is “ parties agree willingly to request written consent prior to removing the child from the state of tx or the US”. Does that mean I need the Ex’s permission?
The wording you included is NOT normally in a Final Order. So the two of you must have agreed to include this either mutually or at mediation. I rarely see where a parent needs permission to take a child outside of Texas. It is common to see travel provisions when taking the child outside of the US.
Based on what you included it appears that if either of you want to remove the child from the state of Texas that you need thew written consent of the other parent before the trip. Written consent would be considered permission.
So before you book the trip, get your ex to give you written permission. Otherwise, if you pay for a trip and the ex won't sign then you have wasted your time and money.
I am wondering if it includes "order" language. (It is ORDERED that...) if so then if you don't do it you are violating the judge's signed order. That means you could be held in contempt.
If it merely a "suggestion" then you cannot be held in contempt. And the difference would be to a lawyer (and probably the judge) a big deal.
You might want to call your former lawyer and ask for their opinion.
I hope this answers your question.
Fran Brochstein has been a licensed Texas attorney over 27 years & has an active mediation practice. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that Fran's reply to your question in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific legal problem.
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