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Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children.

View Poll Results: Would a judge would find her response to be an unreasonable refusal?
Yes 1 100.00%
No 0 0%
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  #1  
Old 03-16-2019, 02:15 PM
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Default Travel consent (again)

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?
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Old 03-16-2019, 02:46 PM
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Default

I'd respond with 2 options:

a) you will provide itinerary after she gives you written consent

or

b) you will take out cancellation insurance (which she can pay immediately) then you will book your flight and then give her itinerary.

be sure you get the correct cancellation insurance (not just the medical one)
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Old 03-16-2019, 03:23 PM
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Default

Option 1 is what I am doing and she effectively rejected that option; in my opinion, unreasonably. Does anyone think that what she is demanding in exchange for consent is reasonable?

Option 2 I think is not available at short notice because I would be going in a week for the 2nd week of spring break. Within a week one ought to know if the purchased trip is a go or not.
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Old 03-16-2019, 09:38 PM
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I highly recommend you read the case law in this thread:

https://www.ottawadivorce.com/forum/...ad.php?t=22410

Don't read just the overview I provided. There is extensive views from the bench regarding travel consents. I just cut to the meaty stuff. But, there is a lot in there about travel consents and how they are withheld to create unnecessary conflict.
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