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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #21 (permalink)  
Old 03-07-2017, 08:50 AM
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Quote:
Originally Posted by stripes View Post
I wouldn't pay for a trip unless I had ex's travel consent first. To pay and then wait around for his consent gives him too much power.
I agree, completely.
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Old 03-07-2017, 09:20 AM
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Originally Posted by Janus View Post
I agree, completely.
One cannot consent to a possibility because possibilities change. Agreeing in principle is one thing, but consenting to an unknown is another.

Book the vacation, provide details and request the consent letter. That is the order it should be done. Otherwise a person could provide consent to A, and the other parent ends up doing X.
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Old 03-07-2017, 01:58 PM
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I think the issue is paying for the trip, not booking it. You wouldn't want to put out a lot of nonrefundable money and then have the other parent refuse to consent or drag things out. Yes, a parent could book one trip and then actually take the kid on a completely different one, but that's a risk inherent in allowing the kid to travel at all.
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Old 03-07-2017, 04:31 PM
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I'd be pretty pissed off if my ex booked a trip on my time with kid without first asking. Perhaps I have also plans for special events/domestic travel on that time (that I don't need to ask for consent to because it is on my own parenting time).
Apparently the trip DOES encroach on the other parent's time, because the poster has raised the topic of make-up time.
Did I miss something, or has that already been dealt with in this thread?
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Old 03-07-2017, 05:29 PM
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I think that ^^^^ would be a legitimate reason for the other parent to withhold consent - they want their time with Kid. The OP said she had offered makeup time but it's not clear whether this is agreeable to the other parent.

The OP also said that her order says that travel consent is needed for any trip of two weeks or more - so there are two issues: whether or not the other parent will provide a travel consent letter; and whether or not the other parent will go for the makeup time plan.
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Old 03-08-2017, 09:03 AM
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Originally Posted by HammerDad View Post
Book the vacation, provide details and request the consent letter. That is the order it should be done. Otherwise a person could provide consent to A, and the other parent ends up doing X.
The consent can be specific.

"I consent to allow ex and child to take flight A456 on Air Canada to go to Florida from April 5th to April 11th, to stay at Hotel WakaChaka."

That said, seriously? If your child is going on vacation and it is not on your time, just give a blanket consent. Don't be a douche.

If your child is going on vacation on your time, just don't give consent. Your ex is a douche.
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Old 03-08-2017, 10:15 AM
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From the original post.

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There is no make-up access time provision if party is travelling
The agreement/order does not speak to make up time, which likely means it is poorly worded. IMO, if a parent is entitled to a certain number of weeks of vacation time with the child, it should specify whether make-up time is necessary. Due to this omission, you have the poster here asking about the issue as they likely believe the ex isn't entitled to makeup time, but the ex believes they are. Gotta love it when this crap happens. My agreement specifies when makeup time is needed because of this issue.

Without a clause stating that the ex isn't entitled to makeup time, I would say they are entitled to makeup time. Otherwise it would open up the possibility of using "vacation" on all of their days.

I would still book the trip and provide details to the ex and request the letter. Makeup time is a reasonable request as the agreement doesn't say vacation overrides the regular parenting schedule, so make sure options for makeup time are provided.
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