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Old 11-28-2016, 07:19 PM
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Default Steps required to file an Emergency travel motion

Can anyone help me with the steps required to file an emergency motion for travel with my girls over the Christmas holidays. I do not need consent on my residential time and she currently is holding the passports. I will be in Florida for 2 weeks and my girls are suppose to fly down the 2nd week.

My ex has already consented to my travel plans to Florida over a month ago via e-mail, but now has put stipulations on who must drive them to the airport or she will not allow them to go.

Thank-you in advance
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Old 11-28-2016, 08:42 PM
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As you have her consent in writing (e-mail) I'd simply hire a very expensive law firm to deal with this and NAIL her for costs.

Of course you could ask her to deliver the girls to the airport could you not? What's the big deal?
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Old 11-29-2016, 01:11 AM
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whats the big deal on who she wants the kids to drive the kids to the airport??? Just agree to it and problem solved. Not an emergency motion issue.

You could try and take it to court and a judge may say no costs awarded as it is just a simple little issue that should of never been brought to the already busy court.
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Old 11-29-2016, 10:11 AM
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Quote:
Originally Posted by standing on the sidelines View Post
whats the big deal on who she wants the kids to drive the kids to the airport??? Just agree to it and problem solved. Not an emergency motion issue.

You could try and take it to court and a judge may say no costs awarded as it is just a simple little issue that should of never been brought to the already busy court.
I can easily see what the big deal is myself. If you have an Ex that likes to play power games, or tries to be in control of anything, allowing them to make demands and stipulations on everything like that just ensures it will happen again, and it will then start to occur on things of lesser importance.

Pushing back, hard, a few times, will generally shut that garbage down, for a while at least.
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Old 11-29-2016, 01:48 PM
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Honestly, the courts expect the traveling parent to give 30 days notice for any travel outside the country. As well, travel is very rarely an "emergency" unless it is for an unplanned family event (like a death). Emergency motions are for emergencies. Not going to Disney Land because you failed to plan this well in advance with the other parent is not going to get much attention.

I would basically make it the other parent's responsibility to deliver the children to the airport. If the children don't show up or make the flight it is going to be a lost cause anyways and you have no recourse really.

If you are in a high conflict situation... Travel is not advised ever. Resolve the issues first. Disney Land isn't about to close any time soon.
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Old 11-29-2016, 02:07 PM
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Quote:
Originally Posted by standing on the sidelines View Post
whats the big deal on who she wants the kids to drive the kids to the airport??? Just agree to it and problem solved. Not an emergency motion issue.

You could try and take it to court and a judge may say no costs awarded as it is just a simple little issue that should of never been brought to the already busy court.
I have tried to be very reasonable and accommodating, as this is on my residential time and in my mind a non-issue. She refuses to re-sign to use the services of the PC which by the way is court ordered. She consented to this over 30 days ago and then suddenly didn't like the fact that I was having a limo picked up the kids to take them to the airport as I will already be in Florida.
I have already bought the airplane tickets and find that I don't have any other route by filing a motion...
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Old 11-29-2016, 02:16 PM
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Quote:
Originally Posted by Tayken View Post
Honestly, the courts expect the traveling parent to give 30 days notice for any travel outside the country. As well, travel is very rarely an "emergency" unless it is for an unplanned family event (like a death). Emergency motions are for emergencies. Not going to Disney Land because you failed to plan this well in advance with the other parent is not going to get much attention.

I would basically make it the other parent's responsibility to deliver the children to the airport. If the children don't show up or make the flight it is going to be a lost cause anyways and you have no recourse really.

If you are in a high conflict situation... Travel is not advised ever. Resolve the issues first. Disney Land isn't about to close any time soon.
First off, I gave her over 30 days regarding my travel plans which she agreed/consented to. She suddenly changed her mind 3 weeks later based on the fact that she didn't like a limo/airport shuttle taking the girls to the airport. She indicated that if one of my family members didn't take them she wasn't going to allow this...

I wrote back a very civil e-mail suggesting that she could take them to the airport if that made her feel more comfortable as I could not guarantee my family would be available to take them to the airport. My girls are 16 and 12 and have flown out of this very small airport before.

I received no reply on my e-mail. I already purchased the airplane tickets based on her consent/agreement. At the time I asked if she had any questions or concerns and she didn't.

She has also refused to re-sign our court ordered parental co-coordinator agreement, which would definitely keep this out of the courts as this would have been a matter she could have easily mediated/arbitrated.

I'm finding I have no other recourse but to file a motion...
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Old 11-29-2016, 02:18 PM
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Quote:
Originally Posted by Soiled View Post
I can easily see what the big deal is myself. If you have an Ex that likes to play power games, or tries to be in control of anything, allowing them to make demands and stipulations on everything like that just ensures it will happen again, and it will then start to occur on things of lesser importance.

Pushing back, hard, a few times, will generally shut that garbage down, for a while at least.
Thank-you for your reply Soiled, you hit the nail directly on the head with your response. It is exactly how I'm feeling...
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Old 11-29-2016, 03:02 PM
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so just ask one of your family members to take them to the airport to see if anyone can.

Like I said before I don't think this falls under "emergency" motion standards.
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Old 11-29-2016, 03:27 PM
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Its not worth the court date. Although her gatekeeper tendencies do need to be shut down.

Your kids are 16 and 12. Have you tried talking to them to see if they have any issues?

My partner ran into this type of problem with his ex. She wanted him to pay her travel and parking to get them to the train for his visits. There was public transit available and the kids took it for their own social activities on a regular basis. Mom as gatekeeper didnt want them doing it for time with dad and pulled this stunt saying she wouldnt take them. He sent her notice that she was denying him time with his kids and if she had a serious issue the kids were welcome to take transit. She backed off and continued to drive them, park and sit with them until the train left. Unfortunately because she was such a control freak she managed to turn them against him so really that was a limited success.

Your ex is being ridiculous. I cant imagine your kids being happy to be stuck at home instead of in florida. If you cant have a relative drive them then push back on the denying access and also feel out the kids to see what they say. Shes pushing your buttons knowing youll freak out. Find a way around it
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