QUESTION

Can My ex take my 12 year old son hunting without my permission?

Asked on Apr 07th, 2014 on Family Law - New York
More details to this question:
My ex husband took our son for a NYS hunting safety certificate w/o permission and intends on taking him hunting even though I told him I do not my son shooting a gun or killing an animal. Our agreement states that all topic related to child welfare and extracurricular activities(amongst other things) must be agreed upon. He said he can do anything he wants on his time. I have less than two weeks before spring break which is when I believe he intends on taking him. What can I do to stop him? Our agreement says I need to go through a lawyer first but I don't have money for a retainer. I need to know if I can stop him in family court.
Report Abuse

1 ANSWER

Divorce Attorney serving Garden City, NY
1 Award
It is clear that you retain litigant's rights with respect to whether your ex-husband can take your child hunting, particularly if you and he cannot resolve the issue between yourselves.  If you feel that strongly that hunting is not an activity with which you agree and you will not consent to ex-H taking your child hunting, you have a couple of options.   Since you don't have money for a retainer, i would suggest that Supreme Court, where you got your judgment of divorce, is probably not going to be good for you -- and the turn around time is probably too long.    However, under ordinary circumstances, you could seek to enjoin and restrain him from taking the boy hunting in an Order to Show Cause.   I just don't know how comfortable you are representing yourself there.   You could start a petition for enforcement of your parenting agreement in Family Court since it's clear that he is making a unilateral decision with which you disagree.  You can represent yourself in Family Court as well.   The problem is going to be the turn around time again -- and you would have to ask a judge for some sort of stay of your ex taking the boy hunting in the next 2 weeks.   That's why, under ordinary circumstances, it's always better to bring these thing to Supreme Court to obtain injuctive relief.   I'm not sure how quickly a FC judge will set your petition down for argument, but time is critical and you would need to advise the judge what the timeframe is. Clearly, however, you should do something to enjoin the ex from making unilateral decisions that are against your principles. I hope this helps.  
Answered on Apr 07th, 2014 at 3:26 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters