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Old 03-02-2017, 11:46 AM
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Current court order states that if I wish to travel outside of Canada for more than 2 week I must seek the other party's travel consent which should not be unreasonable withheld. There is no make-up access time provision if party is travelling.

I requested that with my ex and provided the travel consent to sign and commission.

In response I received 2 conditions I must meet before the travel consent signed. We must agree on make-up access time and I must first purchase tickets, provide the full detailed itinerary and then the consent maybe be signed.

What would you do?
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Old 03-02-2017, 01:37 PM
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I wouldn't have an issue with either of those. Frankly, the question that should be asked here, is why shouldn't those requests be met?

Perhaps his approach to requesting them was poorly done, if they were presented as conditions, but they aren't exactly unreasonable requests of you.
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Old 03-02-2017, 01:46 PM
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While I understand the need for seeing a planned schedule/itinerary before giving consent, I don't think it's reasonable to require the other parent to buy the tickets before consent is given. It would be awful to be out all that money if the other parent did not consent in the end.

Yes, I know there can be motions to dispense with the parent's consent, but it's not easy or guaranteed, and meanwhile you've still spent the money.

The make-up access being arranged ahead of time is more reasonable. If you want to take away some access from the other parent, of course you should offer it back elsewhere in return.

Last edited by Rioe; 03-02-2017 at 01:48 PM.
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Old 03-02-2017, 01:49 PM
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Basically, he wants me to first buy all the tickets, send it over to him and then he will provide me with a travel consent. I see this as unreasonable request.

We have a clause in the court order that protects him , that is I must provide him with a detailed itinerary of my trip including the tickets info , etc.

My fears are that he will not provide me with a travel consent and I will loose a lot of money as well as pre -booked off vacation time at work.
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Old 03-02-2017, 01:51 PM
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Quote:
Originally Posted by Rioe View Post
While I understand the need for seeing a planned schedule/itinerary before giving consent, I don't think it's reasonable to require the other parent to buy the tickets before consent is given. It would be awful to be out all that money if the other parent did not consent in the end.

Yes, I know there can be motions to dispense with the parent's consent, but it's not easy or guaranteed, and meanwhile you've still spent the money.

The make-up access being arranged ahead of time is more reasonable. If you want to take away some access from the other parent, of course you should offer it back elsewhere in return.
Thank you. I think likewise.

We don't have a provision in court order that states that I must allow him make-up access time if its missed as a result of my vacation trip. However I have agreed to that as a good will and because I agree that it is in the best interests of the child.
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Old 03-02-2017, 01:58 PM
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Originally Posted by alice wong View Post
...
We have a clause in the court order that protects him , that is I must provide him with a detailed itinerary of my trip including the tickets info , etc...
If that is what your court order states, then you should follow the court order.
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Old 03-02-2017, 02:00 PM
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Quote:
Originally Posted by alice wong View Post
Basically, he wants me to first buy all the tickets, send it over to him and then he will provide me with a travel consent. I see this as unreasonable request.

We have a clause in the court order that protects him , that is I must provide him with a detailed itinerary of my trip including the tickets info , etc.

My fears are that he will not provide me with a travel consent and I will loose a lot of money as well as pre -booked off vacation time at work.
So his obligation is to not unreasonably withhold consent. He would like information before he consents. This is reasonable.

Your obligation is to provide him with a detailed itinerary. This is reasonable so that he knows where the child is and what is going on while the travel is happening.

These two obligations don't have to follow sequentially.

There's a big difference between:

Hey, Ex, I would like to take the kid to China for two weeks. We will hopefully fly out on X date, visit my family's home province, take a river cruise, and see some temples, then fly back on Y date. If you're okay with this, I'll provide more details once I have things booked, and then you can give me a letter to take with me.

And:

Hey, Ex, I'm thinking of going somewhere in Asia for a couple of weeks this summer. Give me consent.
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Old 03-02-2017, 02:01 PM
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Quote:
Originally Posted by dad2bandm View Post
If that is what your court order states, then you should follow the court order.
Which i don't mind doing , of course. The question is is the chicken born before the egg or the egg before the chicken.

I am scared to buy tickets and not get consent to travel. He wants my itinerary first and then consent.
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Old 03-02-2017, 02:05 PM
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Quote:
Originally Posted by Rioe View Post
So his obligation is to not unreasonably withhold consent. He would like information before he consents. This is reasonable.

Your obligation is to provide him with a detailed itinerary. This is reasonable so that he knows where the child is and what is going on while the travel is happening.

These two obligations don't have to follow sequentially.

There's a big difference between:

Hey, Ex, I would like to take the kid to China for two weeks. We will hopefully fly out on X date, visit my family's home province, take a river cruise, and see some temples, then fly back on Y date. If you're okay with this, I'll provide more details once I have things booked, and then you can give me a letter to take with me.

And:

Hey, Ex, I'm thinking of going somewhere in Asia for a couple of weeks this summer. Give me consent.
Not sure what you mean by these two examples.

I provided my ex with country, town and approximate dates of my trip as well as duration. Asked him to sign a consent. I then confirm the exact dates of my trip and provide him with the lodging details. He refuses. He wants all the lodging details first.
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Old 03-02-2017, 03:03 PM
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I apologize, I missed the part where you stated that he wanted you to purchase the tickets first. That's makes it into a ridiculous expectation. If you make all the arrangements and pay for everything, and then he somehow comes up with something that would be a reasonable reason to withhold consent, you're out a lot of funds.

Providing him with your plans, with the commitment to let him know the finalized version when you know it, should be more than adequate to anyone except someone simply trying to make things more difficult than they have to be.
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