Travel

[Inch]

I have a final agreement for our daughter. We have joint custody. In our agreement it states that I had to sign his travel out of province to see his family, which I did. I wanted to go with my parents to Florida on a family vacation and the agreement states the applicant is entitled to one week later in 2012 with daughter. Last night I asked if he could sign the passport for our daughter and travel document and he refused. He told me you are not taking her out of the country. I am not asking him to pay for passport or any travel costs. Do I have to go to court to have this signed. I really can't afford more court costs. All I want is a nice week vacation with her.

[NBDad]

He needs reason to legally refuse. You should start this process NOW in case he decides to be stupid about it.

Send him an email asking him to sign the documents or provide reasons why he refuses.

If he has valid reasons, you then provide him information that disputes it or alleviates those concerns.

If he ignores you or can't provide reasons, you then send an R3 letter to him, with the documents filled out and only needing his signature, requesting he sign and return in 10 business days.

If he then refuses that, you file a motion with the court to allow you to take the child on vacation and dispense with his signature/travel document. This can take a few months, so start now. Ask for costs since you made effort to address any concerns he may have and he ignored/refused anyway.

The court will most likely grant your application, unless he can provide valid reasons for you not to go. (the only valid reason would be "she won't come back", but you are going to visit family...he'd have a bugger of a time).

At that point you would take the COURT ORDER, and attach it to the applications (in lieu of his signature). It will mean the process to acquire those documents will take LONGER to complete, since it'll be scrutinized more heavily.

It's a pain in the ass, but you'll have the passports, and go forward will only need to get the court order to dispense with the travel document/allow you to take the child on vacation. Eventually he will likely get tired of having to pay costs and will start being less of a dumbass.

[Inch]

Which form for the motion do you fill out. We do not communicate by email only in person or phone. I tried talking him today when he picked up child and he said I did not discuss this with him which i have tried. He bullies me everytime we try to talk. Doing the Christmas schedule was what he wanted and I had not imput. This is really trying on me. He said I can't afford this trip and then threatened to take me back to court in January.

[Technodaddy]

You need to do an emergency motion if your travel is soon, form 14b and an afadavit. Serve him and walk it into court. I did this earlier this year when my ex refused to sign my travel document.

The judge roasted my ex and ordered her to pay my costs even though I did not involve a lawyer I still got costs, keep track of how much tome you spend on this and ask for it in you motion material and while in front of the judge.

Unless there is a SOLID valid reason like going to a coutry where there is WAR a judge will rule in your favor.

Dont waste time do it now.

[Inch]

Thanks. Our trip is March Break and not sure if courts are open next week. I have the times i requested on tape in case i needed to remember anything.

[Technodaddy]

You have some time, call the trial co-ordinator and see what dates are available. What area you in?

[Inch]

Ontario. We are going to Disney.

[Technodaddy]

OK, where is the nearest courthouse you would go to?

[Inch]

Guelph will be the place

[AngieJ]

I would recommend that you try and do whatever you can to start all communications via email. This will give you a full record in writing of everything going on.

Just a thought. My X and I are on good terms, but I always try to do everything via email cause you never know when you might need it.

Good luck,
Angie