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  1. #1
    Join Date
    May 2009
    Posts
    1

    Question Can Ex Keep Child from Vacation with Mother if Verbally Agreed on Previously

    My question involves a child custody case from the State of: TN
    My ex-husband and I have a permanent parenting plan in place. We have been able to abide by it or agree on adjustments since it went into effect in 2005. This summer my husband and I have planned a vacation and paid for it. Prior to booking anything, I asked my ex husband if the dates we were planning would work for him since they were over a weekend where he is supposed to have our son. He agreed, said it was no problem, that he might want to trade weekends, but we could look at that later.
    Well he is angry with me now and has decided that we are going by the permanent parenting plan to the letter, and that my son cannot go with us on vacation. Can he go back on his word that he could go? as I said, I have paid and my son is very excited about the trip, he is 7 and we are going to the beach.
    Can I take him anyway, going on his original statement that he could go?

  2. #2
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Can Ex Keep Child from Vacation with Mother if Verbally Agreed on Previously

    Quote Quoting JMOM24
    View Post
    My question involves a child custody case from the State of: TN
    My ex-husband and I have a permanent parenting plan in place. We have been able to abide by it or agree on adjustments since it went into effect in 2005. This summer my husband and I have planned a vacation and paid for it. Prior to booking anything, I asked my ex husband if the dates we were planning would work for him since they were over a weekend where he is supposed to have our son. He agreed, said it was no problem, that he might want to trade weekends, but we could look at that later.
    Well he is angry with me now and has decided that we are going by the permanent parenting plan to the letter, and that my son cannot go with us on vacation. Can he go back on his word that he could go? as I said, I have paid and my son is very excited about the trip, he is 7 and we are going to the beach.
    Can I take him anyway, going on his original statement that he could go?

    No...You can't violate the court order. You should always get any changes in writing. If you have time you could attempt to get permission from the court.

  3. #3
    Join Date
    Jun 2009
    Posts
    13

    Default Re: Can Ex Keep Child from Vacation with Mother if Verbally Agreed on Previously

    A verbal agreement does NOT overstep a wrieen contract/court order. If you have time before your trip, go to court on an emergency basis - so that your case is heard within a week or so, not months from now - to file for a change in the visitation order to allow for the trip on that specific group of days. I find it hard to believe a judge would find your request not in your child's best interest and find in your favor. Your ex may very well not want to waste the $ to go to court and agree to stop being unreasonable and if he doesn't and it goes to court, he'll just look like a dolt.

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