QUESTION
Is she able to not have to get consent from the other party to take them out of state if it is for a temporary visit since it’s not on the plan?
Asked on Feb 25th, 2014 on Child Custody - Idaho
More details to this question:
We are in the middle of our divorce and have a parenting plan in place. In the parenting plan, we are each allotted two weeks throughout the year with the kids uninterrupted. We requested via text message for a specific week and the other parent agreed. We advised that we would be taking this week and now she is saying she will not allow it. We are taking the kids out of state.
4 ANSWERS
Typically in Minnesota the only restrictions on out-of-state vacations are found in the temporary parenting time court order. If you are taking the child during your designated parenting time (i.e. as a part of your allotted uninterrupted vacation time) the opposing party shouldn't have the right to veto your plans. Note that there are other considerations that need to be taken into account before a conclusive position can be taken (i.e. what does it mean "if it is for a temporary visit since its not on the plan"?).
Answered on Feb 28th, 2014 at 5:03 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Do you need her consent or does the parenting plan simply say each parent gets the requested time? Does the parenting plan say anything about taking the kids out of state? If so, you have to abide by that. You can also make a motion and get the court's permission.
Answered on Feb 28th, 2014 at 5:03 AM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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If your trip is in compliance with the Court order and you are not violating the Statutory restraining order then the trip would be permitted. It would also depend whether your court order is a judgment or a temporary order. I recommend that you have an attorney review your court order and the status of your case.
Answered on Feb 28th, 2014 at 5:02 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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She can't stop you unless she goes to court and the judge says no.
Answered on Feb 27th, 2014 at 7:11 PM