I really need some opinions on the wording of one of the paragraphs of my court order. Opinions from OrleansLawyer and Tayken would be especially apreciated
A little history -
My ex is arguing that this is not a blanket travel letter, but rather a regular travel letter that specifies the dates of travel. I disagree as it clearly states "may be relied upon by....provided only notice is provided in advance".
I will likely filing a contempt motion for his refusal to apply for passports soon and would like to include the travel letter, however, if the wording is too vague, I don't want to take the chance I would lose.
Opinions please!!!
And thanks!
A little history -
- In 2012 my ex refused to give me permission to take our daughter's to the US for a tournament. The girls had attended the year before and really wanted to come along. I didn't fight it because it was on the ex's weekend so he had the right to say no, however his response was "I will never let you take my girls to the US".
- In the summer my partner and I planned a vacation and intended to travel through the US on our way back from the east coast. We requested a travel letter. My ex, who wanted to postpone our SC, agreed to sign if we agreed to postpone. We agreed, he refused to sign. We filed a motion and at the last minute, he signed (and avoided paying my costs) .
- At the SC, we requested a blanket travel letter so that we could avoid further issues with travel. The judge went up one side of my ex and down the other over his refusal to sign it. We made a minor change to the wording at the judge's suggestion and the ex stated he would sign it. He did not.
- At the 2nd SC, we finally settled. The order contained a paragraph dealing with the travel consent letter. The intent was for a blanket letter allowing me to travel with our daughters as long as I provided notice. Here is the wording:
The parties will each execute a Letter of Consent to allow each of them to travel with the girls to the United States of America during their respective parenting time with them, which said Letter may be relied upon by the traveling parent provided only notice is provided in advance of the travel details, as per the terms of paragraph 1.4 below.
I will likely filing a contempt motion for his refusal to apply for passports soon and would like to include the travel letter, however, if the wording is too vague, I don't want to take the chance I would lose.
Opinions please!!!
And thanks!
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