I have joint legal physical custody of my son and my son's father will not sign the consent to travel for the passport. We want to take a family vacation out of the country for a week, but he is just being difficult and unreasonable. Instead of hiring a lawyer again, I would like to do this myself. What are the steps I should take, to get a court order.
It is unclear why you think he is being unreasonable. Especially with all of the news about people leaving the country with children and never returning. That said, why not have someone like an atty who knows what they are doing, do it and get it done right? They say, if you do not have the time to do it right the first time, when will you have the time to do it right? I think similar logic plays here.
I agree with my colleague it is not unreasonable on it's face. You need to file for a court order to be granted permission to travel outside the country. If I were the father I would want to see the travel plans and ensure that you were going to countries that were a part of the Hague Convention.
Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific and court specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship
Hire a lawyer. If you cannot afford one, go to your Superior Court self help center and ask for their assistance.
Michael is in San Jose, California and can be reached at 408-295-4232 or at [email protected] Consultation fees, rates and retainers vary based on need and ability to pay.
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