Mode of travel for visitation

[khopkins17]

My jurisdiction is: USA



If a parenting plan states that the non-custodial parent is responsible for 100% of transportation costs but does NOT state the mode the children are allowed to travel, can the custodial parent place limitations on that?

Quick story:

Mother lives in TN. Dad is active duty military currently living in Alaska. Dad tried to fly his 2 children up to Alaska for Christmas (ages 7 and 10). Mother would not allow them on a plane by themselves and wanted father to fly to TN to pick them up and drop them back off at the airport. Children are old enough to fly unaccompanied through the airlines but she says no. Adding 2 roundtrip plane tickets would've added an extra $2500 to the cost of the trip - to which he pays for 100% of it.

End result - he didn't get to see his children for Christmas and is now deploying to Afghanistan.

Is she allowed to say no for the children getting on the plane when there obviously is not another way to bring the children to his home - meaning he can't drive to go pick them up?

 

[Duranie]

Mom cannot dictate this no. It is not reasonable to expect the NCP to incure the expense of travelling with the children. Dad should file contempt.

 

[irish223]

My jurisdiction is: USA



If a parenting plan states that the non-custodial parent is responsible for 100% of transportation costs but does NOT state the mode the children are allowed to travel, can the custodial parent place limitations on that?

Quick story:

Mother lives in TN. Dad is active duty military currently living in Alaska. Dad tried to fly his 2 children up to Alaska for Christmas (ages 7 and 10). Mother would not allow them on a plane by themselves and wanted father to fly to TN to pick them up and drop them back off at the airport. Children are old enough to fly unaccompanied through the airlines but she says no. Adding 2 roundtrip plane tickets would've added an extra $2500 to the cost of the trip - to which he pays for 100% of it.

End result - he didn't get to see his children for Christmas and is now deploying to Afghanistan.

Is she allowed to say no for the children getting on the plane when there obviously is not another way to bring the children to his home - meaning he can't drive to go pick them up?

She may be allowed. The father should have the order clarified so he doesn't face this problem again.

I'm curious about the flights. Most airlines do not allow children under 8 to travel unaccompanied via connecting flights. Are there direct flights between Tennessee and Alaska?

 

[khopkins17]

Actually to clarify the unaccompanied flight.....I was willing to incur additional travel expenses and fly to Phoenix (where there connection was) and make the rest of the trip with them to AK - and back down once it was time for them to return home. So technically they would have been unaccompanied only during the flight from Atlanta to Phoenix.

There is an "ex-step-daughter" from my marriage to her to which I would not pay for her plane ticket. All of the trouble began once that was said, so I truly believe she wouldn't allow my kids to come visit because I wouldn't pay for her either - since I am not required to by law.

 

[irish223]

Actually to clarify the unaccompanied flight.....I was willing to incur additional travel expenses and fly to Phoenix (where there connection was) and make the rest of the trip with them to AK - and back down once it was time for them to return home. So technically they would have been unaccompanied only during the flight from Atlanta to Phoenix.

Since the airlines do not allow children under 8 to make connections, the expense of flying to Phoenix with them isn't really an additional expense. It's just part of the transportation expense of visitation.

There is an "ex-step-daughter" from my marriage to her to which I would not pay for her plane ticket. All of the trouble began once that was said, so I truly believe she wouldn't allow my kids to come visit because I wouldn't pay for her either - since I am not required to by law.

Then you absolutely should head back to court for contempt, and for clarification of the order. Flying unaccompanied from Phoenix to Atlanta doesn't seem unreasonable.

 

[khopkins17]

The real issue will probably begin when my youngest daughter turns 8 years old, which will be next month. They they will be allowed to fly unaccompanied straight up here. Which I see as still being an issue. I will be contacting my lawyer once I return from deployment to change the wording of the parenting plan. Thanks!!