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Old 08-02-2012, 03:50 PM
HappyMomma HappyMomma is offline
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Quote:
Originally Posted by Pharah View Post
I have had a similar experience with my ex. In 2010 while still in court, I had asked to go on a family vacation with my son and my new spouse. My ex refused to give her permission, so I entered a motion in court (at the time she was trying for sole custody). In the motion, I provided all the plans for travel, where we would be staying and who would be going (my son, my spouse and I and my parents).

In court, the Judge asked my ex why she wouldn't give her permission and she stated that she was concerned I would leave my son unattended on the beach somewhere. She sounded like a fool and the judge pointed that out saying that I was no less capable of caring for our son then she was. The judge promptly gave us a court order to travel and in the final order included that we did not need the alternate parents permission to travel with our son.

Although not all situation and judges are the same, I would think this IS a slam dunk.
I would hope so. Did you get costs awarded for that motion? My ex agreed AFTER we did all the work for the motion (waited until the last minute) so we will be asking for costs for the work my lawyer did preparing.

I did not get the blanket consent letter I was asking for, however, I will be requesting it at the settlement conference in Sept and using his recent refusal and need to almost force a motion as evidence that I need the blanket consent. I don't want to have to raise a motion every time I want to cross the border!! As my lawyer says - I can go all the way to Vancouver but I can't cross the border to go shopping? Ridiculous.

Last edited by HappyMomma; 08-02-2012 at 03:56 PM.