my divorce decree states that i have to notify my ex and court by march 1 before i make any travel arrangements. it further states that the visit to India with kids can not be more than 3 weeks. In case the parties don't agree they have the right to petition the court. I emailed my ex and she says since i didn't notify her by March 1st, she is not allowing my international travel with kids
what are the options here. do we have any chances if we petition the court based on the technicality above
It would be difficult to amend the order absent a material change of circumstances. If there is something going on in India that you have to attend to - family emergency or something - the court might consider that a change of circumstances. If you just want to take the kids on vacation to India the lack of notice is going to be a problem. I wish you the best.
I agree with Mr. Hahn. It sounds like you could petition the court if you wanted to travel with the children for longer than three weeks, not for the purpose of circumventing the March 1st deadline. In general, you may petition the court to modify custody and visitation if there has been a material change in circumstances since the previous custody order was entered, and if the best interests of the child necessitates such a modification.
You have to abide by the plain meaning of the order. If you do not notify the other parent by the date specified, you may lose your right to travel for that year; that said, if you can show that you indeed provided timely notice of the trip, a motion can be filed in the court that issued the divorce, seeking permission. Consult with your lawyer for additional information.
If the March 1 notification is a requirement by the court, then you need to abide by it. However, that does not mean that you cannot travel internationally with the children. You would just need to get the court's permission by filing a motion with the court and set out reasons why the trip would be in the children's best interest.
I agree with Ann Luu. The specific language of the Order is extremely important. If it is unclear, in my experience, deadlines for notice of travel, vacation, etc. may be viewed as procedural/logistical, and failing to meet the deadline does not *necessarily* deprive the parent of the right to the travel, vacation, etc. Instead, it may mean that the travel or vacation still occurs, but that it does not take priority, and you will not have to work around conflicting plans that may have been made by the other parent. If the Order isn't absolutely clear what happens in the event of a missed deadline, and if the other parent isn't accommodating in working out an alternative, then the only real option is to file a motion and have a court resolve it.
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