can you travel if you don't have sole custody

[jahsunfire]

i lost my court battle as the applicant and the mother said in court she wants to travel without my consent and the judge gave it to her. int he order there wasn't anything written about me and traveling? now i asked kindly if i can provide details etc. and now she's telling me i have to take her to court.

Do I have to do this or what is the law on this where a vacation is concerned?
If I do have to go to court in what manner should I ask?

Thank you.

[jahsunfire]

then i didn't pick up my child today which mother was informed and she puts her on the phone crying. i ask her what was that for and explain this is how it is when i have gone away before and to give her that and her answer was still no (not in so many words. was that phone call a good move that she did?

[NBDad]

As long as you are travelling on your parenting time she's not supposed to unreasonably withhold consent. YOu SHOULD have addressed this during the court application, but hindsight is 20-20. Ask her (in writing) to provide a consent to travel document and/or passport as you would like to take child on vacation during your time on X dates.

If she refuses or ignores you, file a motion with the court to compel her.

then i didn't pick up my child today

Before you file with the court, STOP doing things like that. CHILD > everything else if you seriously want more time/the court to help you.

[jahsunfire]

thanks

this was the first time this happened when she had the heads up from me....
i appreciate that however.

there is something on the order that says she is not to leave the municipality
that i live in. but she lives in another municipality. i was thinking to let that
slide but now i'm so angry i want to file a motion on that also. how can this work and can she say that she moved during the court proceedings and blow that part of the order to benefit her? thanks i'm going to court tomorrow to file that motion.

[blinkandimgone]

Filing motions out of spite or anger is not a child centred approach. Your agreement should be comparable to each of you, ie: mobility clause should apply equally to both, travel consent should apply to both etc.

Sounds like you didn't do a very thorough job of ensuring you covered all potential areas of conflict in your seperation agreement.

[jahsunfire]

Im upset yes but i tried to be civil because i didnt want us to go back to court again and put this to rest. But its obviously not the case. Any other ideas would be welcome. Hindsight is 20/20 when you have 2 minutes to speak before a judge.

[Pharah]

The only way you can travel (outside the country) with your child, regardless of custody, is with the consent of the alternate parent or a court order. For travel within Canada, again you are supposed to get consent but you are not reliant on passports, so it's easier. If there is a clause that states she is not allowed to take your daughter outside the municipality that you live in and she doesn't live there, that clause is unreasonable and I would not rely on this for leverage.

You should not be trying to stop her from travelling unless you have proof your daughter will not be returned.

Request information on travel in writing and offer to sign a consent form for her trip. It is seen as normal family behavior to go on vacation and the court will overrule you on this.

[billiechic]

The OP is not trying to stop travel..court ordered she can travel with kids without his consent. He is asking how he can travel, since the mother is refusing consent. If she continues, court is a valid option.

[jahsunfire]

Yes this is my question i just left the court and they tell me i have to wait 6 months to go back with any changes. The order doednt say anything if i travel only her and she is fighting it and summer holidays. Duty counsel is saying to mail her a registered letter asking for replies on the holidays as proof that i asked. I want to word it to include travel also. I know she will fight both but at least i have my proof. Is this the right way and do i need to waot until july to file?

[KeepSmiling]

Were you in court because you withheld consent for her to travel? Or was it for other reasons - and travel was just one of them?

[jahsunfire]

No it was for custody and travel wasnt a part of it unyil the order

[dinkyface]

Famliy Court doesn't want parents to keep coming back repeatedly for additional stuff each year. So there is a general rule that you have to deal with everything at one time. The exception is if there is some *unexpected* change of circumstances (child starting school is not unexpected!), or if ther ex is violating the current order.

It sounds like you might not have had a lawyer to help you during the custody case. If at all possible, I'd recommend that you get some legal advice now to find out what your options are.

[tugofwar]

I have a question, say both agree to some of the changes, what can you do then?

[dinkyface]

I don't think there's any rule about preventing you and your ex from amending your own order on consent and getting it endorsed by a judge. Unless you're getting silly about it.

But ... here's another question - I wonder if doing that would 'reset the clock' as far as being able to go back to court for a 'not on consent' change.