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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 04-24-2013, 03:32 PM
BitHunter BitHunter is offline
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Default consent withdrawn after the vacation is booked and paid

So what now? It is disgusting, we are back to the family court over travel/vacation, but obviously solution is not going to be provided in time.

So last year we had a great one week vacation in Cuba with my daughter. This year we wanted the same. So I notified ex requesting a specific time slot from the travel. She said OK. I booked and paid the vacation. A few weeks later she said that she doesn't consent the travel and we are back to court over travel. This one is toasted for sure. Out of vacation and out of money hurts. But it seems to me that consenting the vacation creates a contract. Can I ask her (or the small claims court if she is not willing to?) to reimburse the cost of the vacation? (of course going alone is pointless)
Thanks,
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Old 04-24-2013, 03:45 PM
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Do you have it in writing?
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Old 04-24-2013, 03:57 PM
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Yes, of course.
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Old 04-24-2013, 04:14 PM
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NBDad NBDad is offline
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Then you certainly ask for the costs to be paid by the ex given her reneging on her agreement after you paid for it. Make sure you include the documentation that shows it as non refundable or clearly show the amount you forfeited due to her actions.
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Old 04-24-2013, 04:14 PM
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How clear is it that he gave you permission and then changed his mind.

If it's in writing then I don't see why you couldn't take him to small claims court. I'm not sure if you would win but you could certainly try.
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Old 04-24-2013, 04:26 PM
HammerDad HammerDad is offline
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Her reasoning for withdrawing consent will be only real point of relevence.

Why did she all the sudden renege? Did you provide her with a detailed itinerary for the trip? Is the child unwell and otherwise unable to travel? Or is it she all the sudden feels the location is unsafe for whatever reason? Does the child have some sort of school matter that it would interferre with?

She will need a good reason to now refuse consent. If it is on a whim, file an emergency motion in court to do away with her need for consent to the trip, and request costs.

If she consented in writing and reneged in writing, give her one last chance to remedy the situation. Send a registered letter (delivered/couriered if the date is really close) requesting her consent to the trip. Provide her with the detailed itinerary and a form of travel consent letter.

Request that she reconsider her position as the funds are non-refundable and were purchased in good faith and with her consent. That is your position that the trip will be in the childs best interests, and therefore the child should be allowed to go.
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Old 04-24-2013, 04:43 PM
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Well, things are not that nicely clear. Of course she claims that the trip hurts the child, and the judge ordered the OCL to figure out.
So it seems to me that the family court can decide ultimately if she can cancel the vacation or not, but the child's best interest and cancelling a contract and carrying the financial consequences seems to be do different things.
But even if the court decides that she can cancel it, would that allow her to do it for free? If if was a contract, I paid the trip in good faith with her consent.
Any informed opinion?
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Old 04-24-2013, 04:50 PM
DowntroddenDad DowntroddenDad is offline
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Contract law is really very simple.

You and your ex made an agreement. I presume this agreement is in writing, with a date on it, a letter or an email.

On the basis of this agreement, you contracted with a travel agent.

Your ex reneged on the agreement. This cost you money.

This would be small claims court all day long.

However if you don't have written proof, you won't get anywhere.

You can offer to let her reimburse you (maybe even cut her a break to compensate for avoiding trial). You can also suggest you will go to court if she doesn't.

She thinks she has the power to break contracts at a whim. Don't let her, or it won't end there.
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Old 04-24-2013, 05:04 PM
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Thanks, this is it, with lovely clarity. So it seems the small claims court could be an option. Very sad option, but this way maybe later we can spend that money on another vacation with my daughter.
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Old 04-24-2013, 06:10 PM
OrleansLawyer OrleansLawyer is offline
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Quote:
So I notified ex requesting a specific time slot from the travel. She said OK. I booked and paid the vacation. A few weeks later she said that she doesn't consent the travel and we are back to court over travel.
Urgent motion to dispense with her consent, seeking costs, exhibit A of affidavit is her written consent, exhibit B is the travel bookings.

What changed that she would be able to reasonably revoke her consent? Why was a travel letter not signed by her prior to booking the trip? Has the matter been litigated?
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