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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 09-07-2017, 12:40 PM
Beachnana Beachnana is offline
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Default Consent requirement not on order - do we need it?

The current agreeement no longer has the consent to travel requirement clause so does Mom still require it?

She has the passport and child lives with her? She has Return air tickets for a 5 day US trip.
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Old 09-07-2017, 04:11 PM
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sometimes new Orders simply replace one clause or another of the original Order but the remainder stays in force. Read it very carefully.
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Old 09-07-2017, 05:51 PM
Beachnana Beachnana is offline
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Arabian: that was my take on it.

Agreement 1 has a section that's headed. Custody and Access. In that section there is a clause that states consent to travel will be readily given and the traveller will let the other parent know where and when and a contact number etc.

Agreement 2 states that for purposes of access it replaces the previous agreement.

So is consent to travel access or custody?

I think it's still in effect. Hence my question.
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Old 09-07-2017, 06:44 PM
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If its in that section that the new agreement replaces then I agree with Arabian.

If not the other agreement states it wont be withheld.
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Old 09-07-2017, 07:30 PM
Beachnana Beachnana is offline
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It's not in the new agreement. It's in the first agreement under the heDing Custody and Access. The new agreement is only for the purposes of custody and Child Support.

So is the clause in the first agreement t upheld or not?
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Old 09-07-2017, 09:31 PM
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My order says that consent will not be unreasonably withheld, the form/content, notarized, who bears cost, and gives a timeline for requesting&providing. It does not explicitly said it is required.

I'd assume it is required unless explicitly stated otherwise.
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Old 09-08-2017, 12:14 AM
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If a modified/updated order doesn't specifically spell out a new section on travel, I would think the old one still holds. It sounds like the modification was just to the regular schedule?
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Old 09-08-2017, 12:10 PM
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Quote:
Originally Posted by Beachnana View Post
The current agreeement no longer has the consent to travel requirement clause so does Mom still require it?

She has the passport and child lives with her? She has Return air tickets for a 5 day US trip.
In the absence of an explicit order that consent is "not" required for travel, you are going to need consent from the other parent.

When your order is silent then the person on the incoming border is not going to assume you can travel with the children without consent.

I would obtain the consent prior to travel if the order is silent on the matter. I wouldn't risk being stopped and not being able to provide hard evidence that you are indeed able to travel with the children without the consent of the other parent.

Good Luck!
Tayken
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Old 09-08-2017, 02:41 PM
Beachnana Beachnana is offline
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Thank you. That was
My take on the issue. Just wanted some
Confirmation
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Old 09-08-2017, 03:36 PM
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Tayken is incorrect. If she has the kids, their passport, and at least joint custody, there is nothing (short of getting a court order) you can do to stop her from crossing the US border. A border guard can stop her but it is at their discretion.
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