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There have been various flavors of this issue posted before.
Here is the situation:
- I have asked the ex for consent (i.e. for passports, consent letter, and a few days of her parenting time) to travel with kids to Mexico.
- I have provided her my exact plans right down to the flight numbers.
- She said yes under the condition that I first provide her a copy of the "official flight itinerary & hotel confirmation". This condition would require that I first book and pay for the trip before I have the passports in my hand.
- Hypothetically, if I paid for the trip and then she reneged on her promise to give me the passports, letter, & kids, I would be out $5k or whatever.
Legal background:
- Final order for joint custody is in place.
- Final order for parenting time is in place. As stated above, I would need about 2 days of her time to take the trip. The final order has no provision to take more than 7 days with the children ever, outside of the summer holidays.
- There is no order on passports but she currently has them.
At this point I think it's too late to go anyways but I thought I would seek opinions.
My question: do you think a judge would find her response to be tantamount to an unreasonable refusal to provide travel consent?
I was nice last time in unconditionally signing off on her passport application. In 4 years when my younger daughter's passport expires, I will certainly take the above into consideration and I might not be as nice. Do I have any other avenue of recourse?
Here is the situation:
- I have asked the ex for consent (i.e. for passports, consent letter, and a few days of her parenting time) to travel with kids to Mexico.
- I have provided her my exact plans right down to the flight numbers.
- She said yes under the condition that I first provide her a copy of the "official flight itinerary & hotel confirmation". This condition would require that I first book and pay for the trip before I have the passports in my hand.
- Hypothetically, if I paid for the trip and then she reneged on her promise to give me the passports, letter, & kids, I would be out $5k or whatever.
Legal background:
- Final order for joint custody is in place.
- Final order for parenting time is in place. As stated above, I would need about 2 days of her time to take the trip. The final order has no provision to take more than 7 days with the children ever, outside of the summer holidays.
- There is no order on passports but she currently has them.
At this point I think it's too late to go anyways but I thought I would seek opinions.
My question: do you think a judge would find her response to be tantamount to an unreasonable refusal to provide travel consent?
I was nice last time in unconditionally signing off on her passport application. In 4 years when my younger daughter's passport expires, I will certainly take the above into consideration and I might not be as nice. Do I have any other avenue of recourse?
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