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  1. #1
    Join Date
    Dec 2012
    Posts
    5

    Default Refusal to Allow Children to Go on a Scheduled Vacation

    My question involves a child custody case from the State of: Florida

    My ex agreed to allow me to take my children on a family cruise to Mexico earlier this year, and we together obtained passports for them in August. We are scheduled to leave this Saturday morning at 8am for the port. My ex is angry with me and has now decided last minute (last night) that he is not allowing them to go on the cruise or giving me permission to take them out of the country. When we obtained the passports, the travel dates and destination is specified, and he has always been aware. It is a control issue of his.
    My timesharing with the children is to begin at noon on Saturday and I would legally have them the entire time of the cruise, returning them to him the day we get back. He did agreed via text that they could stay with me friday evening so we can leave by 8am as scheduled. Any later than that and we will not make it to the ship in time.
    Can he refuse to allow the children to go at this point? Can he stop me from going as I am legally supposed to have the children starting Saturday?

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Refusal to Allow Children to Go on a Scheduled Vacation

    Quote Quoting FLmom4
    View Post
    My question involves a child custody case from the State of: Florida

    My ex agreed to allow me to take my children on a family cruise to Mexico earlier this year, and we together obtained passports for them in August. We are scheduled to leave this Saturday morning at 8am for the port. My ex is angry with me and has now decided last minute (last night) that he is not allowing them to go on the cruise or giving me permission to take them out of the country. When we obtained the passports, the travel dates and destination is specified, and he has always been aware. It is a control issue of his.
    My timesharing with the children is to begin at noon on Saturday and I would legally have them the entire time of the cruise, returning them to him the day we get back. He did agreed via text that they could stay with me friday evening so we can leave by 8am as scheduled. Any later than that and we will not make it to the ship in time.
    Can he refuse to allow the children to go at this point? Can he stop me from going as I am legally supposed to have the children starting Saturday?
    Will you already have the children or not? The only way he can stop you from going on the cruise is if he denies your visitation so that you cannot make it to the ship on time.

    Otherwise, his only recourse would be to take you to court for contempt. If that were to happen, then the judge would listen to your side of the story, and then listen to his side of the story, and odds are he would get his backside handed to him for playing games like that.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Refusal to Allow Children to Go on a Scheduled Vacation

    I'd ordinarily agree 1000000%.

    BUT. The court order specifies noon Saturday. Dad's allowing Mom to take them earlier is purely by his (good or bad) graces.

    Is it fair for Dad to change his mind? (no - it's basically an asshole tactic from Dad, to be perfectly blunt. Which y'know, I never am )

    Is it legal though?

    Yes. It's perfectly legal for Dad to withhold the visitation until noon. He is ONLY obliged to follow the court order to the letter.

    I'd hope a judge WOULD slap Dad for that. But I heavily doubt it would change anything long term.

    (Then again I haven't done a post hx, so bear that in mind!)

    - - - Updated - - -

    I guess also, if it had been me, I would've tried to select a cruise beginning on the Sunday when I KNEW the kids would be legally in my possession and not subject to the whims of the other parent.

    We've seen how often the "extras" or what might be perceived as "favours" can be very quickly rescinded when it suits someone.

  4. #4
    Join Date
    Feb 2011
    Posts
    576

    Default Re: Refusal to Allow Children to Go on a Scheduled Vacation

    Your only option at this point is to quickly try to salvage the cruise.

    First is to find some way to change his mind. If that fails and you can leave from the children's home at noon on Saturday instead of 8am and still make it, then do that. If you cannot, you may try to schedule a later departure on another ship or even meeting the ship at the next port if possible, depending upon costs and such. Unless he currently has possession of the passports, which would be a problem.

    Unless there is a provision in the order against overseas travel while the children are in your possession, I would ignore the other parents last minute change of mind refusing to give permission to travel.
    Even so, if there is such a provision requiring agreement, then this agreement was made by the fact he jointly signed for their passports for the purpose of this vacation, and that you had purchased the tickets long ago. In this instance, it is extremely unlikely he will get anything if he were to go back to court over his last minute change of mind in this matter.

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