Non-custodial parent's consent to travel abroad

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youyitianwohui

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Hi, every year I have this headache. I have sole physical custoday, joint leagal custody. on divorce decree, I have to obtain his written consent if children travel abroad.

the father moved away from the children to FL a couple years ago, never sees them on regular basis. my boys are 6 & 8, for past two years I sent them overseas to live with my family for 2 months in summer, so they can learn their 2nd language and culture, the boys had great time and learnt a lot. To have peace in this consent issue, I offered him to fly the boys to see the father on the years they travel. because he didn't have to spend any money to see the boys, he was happy and agreed.

This year, he wants to see the boys for a month in summer, and only allowed the kids to spend one month abroad ( which I have to pay $5000 for the trip). Even though the divorce decree didn't grant him one month visitation in summer, I'm afraid of his calling passport checking at airport to stop the children from going.

I really wants to remove this consent to travel from the divorce decree, remove his right to consent the passport, remove his right to call passport checking. ( He did once several years ago just to control me and forgot about it, that year even he okayed for the boys to go and signed the passport application, I still couldn't get the passports.)

any possibility to remove these? how should I do it?

more info -- he is alcholic, has job off and on, DUI before. I have steady job for many years, own a house, no any issue.

thanks in advance.
 
None of the things about him matter in this regard. I would petition the court for permission to let them go overseas. I would mention that he is using his consent to get things that he is not entitled to in the decree. I think the judge will grant you permission especially if you are not going.
 
Well, you could try and get sole legal custody which would accomplish what you want...but as Dad IS wanting to exercise at least SOME parenting time (even if it's not the time spelled out in the decree) I think your chances are about 50/50 at best.

Plus, we're almost at April - it's highly likely you won't even get a court date before it's time for the kids' vacation.

What are the chances you and Dad can agree to a new parenting plan in time for next year?
 
thanks all first for the reply.

I just dug out the divorce decree, and read again. here is what it says:

custody: the mother shall have sole physical custody with the parties sharing joint legal custoday of the two minor children. the mother shall have the tie-breaker vote, should there ever arise a dispute involving the children's health, welfare, religion, education and extra-curricular activities.

visitation in summer: for two consecutive weeks during the children's summer vacation or anytime during the school year, the two consecutive weeks can be exercise as a 4-week consecutive period, if the party desires to travel with the monir children, provided it is not disruptive to the children's schooling.

should either party desire to take the children on vacation outside of the United States, that party must provide the other party, in writing with the details as to dates and times of travel, itinerary, flight times departure and arrival and address, contact phone number.

So I may understood it incorrectly? -- I don't really have to obtain his written consent? for the summer, does it mean he can have the children for a month? or it's just I need to keep the children here for at least a month, so doesn't interrupt his weekend visitation? if that's the case, I think it's not reasonable, because he doesn't excise his weekend visitation any way.

Last year, the children visited him twice: one week I flew the boys to see him on my expense, the other time is his job interview in my city, he came and spend 4 hours with them. the year before, the only time they spent time together is when I flew the boys to him.

If he has the boys in the summer, he will have his mother babysit the children in another city which is 2 hours away from where he lives, and go visit them for the weekends. the boys will not have any summer camps or any fun activities, grandma is really sick on wheelchair.

I've been thinking of giving up child support in order to get sole custody, but he will use that as an evidence that I'm trying to separate the children from him. the child support is pitful ($600/month for two kids), he uses it as excuse for not being able to afford to see the children. My older son came back last year saying dad told him he gives mommy a lot of money, so he cannot visit them. and also I'm tired of him keep on sending me hateful emails.

he is 2 years behind paying me lump sum property settlement, and he was inconsistant with child support payments -- do these things make the court favor me if I acquire sole custody, or visitation amendment?

Can he stop the children from going this year? will they stop them at the airport passport check places?
 
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