QUESTION
Can the other party refuse to let the child go on vacation if they have joint custody?
Asked on Aug 16th, 2011 on Child Custody - Nevada
More details to this question:
My husband and I would like to take his daughter on vacation in November for a family birthday celebration. He asked his ex-wife if there were any scheduling conflicts with this and she said she would not allow her to come. They share joint custody. Does she have the right to do that?
21 ANSWERS
Steven D. Dunnings
What does the custody order say about visitation?
Answered on Jun 26th, 2013 at 2:17 AM
3 Awards
The parenting plan should govern the visitation. It is a court order.
Answered on Aug 24th, 2011 at 6:44 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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You did not define the "joint custody." Is it legal or physical? What does their custody schedule dictate for that time period for the vacation? How old is the child? There are many factors that must be weighed.
Answered on Aug 22nd, 2011 at 8:12 AM
No, unless she can point to some specific language in their agreement that prevents it. If he thinks she'll interfere with it, he can file a motion to obtain a court order for it and ask for fees/costs to bring the motion.
Answered on Aug 20th, 2011 at 2:06 PM
Roianne Houlton Conner
It depends on who the Court determined has the final decision making authority regarding travel.
Answered on Aug 19th, 2011 at 10:12 AM
Patricia C. Van Haren
Yes, she does have the right to do that if there are orders which prevent the parties from removing the child from the state. However Courts expect that the parties will work together to accommodate each other and allow the children to participate in family activities. If his ex-wife will not allow the children to attend the party, your husband should contact an attorney to petition the courts for an order that the children be allowed to travel with you and your husband.
Answered on Aug 18th, 2011 at 6:44 AM
Glen Edward Ashman
That depends on what the custodial/visitation agreement or order, and parenting plan say, and since you chose not to tell us that, no one here can possibly answer. The answer is in those documents.
Answered on Aug 17th, 2011 at 5:16 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The answer to your question requires a careful examination of the currently applicable court order and parenting time plan. Since Colo no longer uses the term "joint custody" it isn't possible to know what you mean by the term or what it means as to each parent's decision-making authority. By itself, the term joint custody (or, the current term, "mutual decision-making responsibility) doesn't answer the question. When the child is with her father as provided by a court order, he should be free to take her anywhere on a vacation unless the court ordered plan prohibits him from doing so. If the parenting time schedule doesn't afford him enough time to do what he wants to do when he wants to do it, then mother effectively has veto power if she won't agree to a one-time modification of the parenting time plan. The father's remedy is to seek modification of the parenting time schedule so that he is permitted to take the child on extended vacations on reasonable terms.
Answered on Aug 17th, 2011 at 12:31 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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All custody and visitation orders must be followed. Without more information regarding the order, it is impossible for me to give you more information.
Answered on Aug 17th, 2011 at 10:06 AM
It depends on the terms of their parenting time orders. If he is permitted to take vacation upon appropriate notice, then she cannot legally refuse. If he is required to get her consent before taking a vacation and she refuses to consent, then he may need to ask the court for permission to take the vacation.
Answered on Aug 17th, 2011 at 9:45 AM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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What is your vacation schedule in your court order? Does your husband have the holiday? If not, better file an OSC now to ensure that he gets the vacation time requested.
Answered on Aug 17th, 2011 at 9:41 AM
Depends what the orders say. Often they give each parent the right to a certain amount of vacation with notice in writing. If it isn't in the paperwork and the other parent won't agree, the person can petition the court for permission.
Answered on Aug 17th, 2011 at 9:36 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington, the rights of the parents are prescribed in their parenting plan.If there is no parenting plan, they have equal rights and no one can stop anyone from doing anything without a court order.
Answered on Aug 17th, 2011 at 9:31 AM
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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The answer depends on the terms of the existing orders. There are two types of custody. 1. Joint Legal Custody means BOTH parents can decide the health, safety, and welfare decisions. 2. Joint Physical Custody does NOT require joint decisions, but the time periods with each parent are, or should be clearly identified. There should be a custodial time Order form the court dictating when the child(ren) are to be with each parent. When the court orders one parent a particular time period, then the other parent may not interfere with what happens during that time period (absent an order to the contrary). In a deadlock like this, an application to the court is necessary to resolve the issue.
Answered on Aug 17th, 2011 at 9:15 AM
2 Awards
If it infringes on her timesharing and there is no provision in the Final Judgment or settlement agreement, then she can do that. I do hope she realizes what comes around goes around. Look at the court paperwork again. Good luck.
Answered on Aug 17th, 2011 at 8:17 AM
Gary Moore
You will have to make an application to the Court to resolve this problem. You will have to apply soon so that the motion to the Court can be heard prior to your need to make reservations.
Answered on Aug 17th, 2011 at 8:17 AM
4 Awards
Normally any kind of family vacation is encompassed in the idea of "reasonable visitation," but if the parties have a disagreement they may have to go to court to enforce their rights. It would be important for your husband to file early with a court if this is very important, in order to make sure he could get relief timely to make his visit. It may be that the mother will acquiesce if she is informed he will take court action to enforce his rights.
Answered on Aug 17th, 2011 at 8:17 AM
It would depend on exactly what the parenting plan says, since that is the governing documents. If the plan makes no provision for a vacation, then, there is no requirement that the other parent allow it. Similarly, if the parenting plan says the vacation is to be taken in the summer, and you are trying to take it in November, the other parent could refuse the request.
Answered on Aug 17th, 2011 at 8:04 AM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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It really depends on what the custody agreement says. If you are trying to take the child out of State, and the order forbids this, then yes, she can refuse. If it is during a time that she is supposed to have custody, same thing.
Answered on Aug 17th, 2011 at 8:04 AM
Do the parties have a signed agreement (Separation Agreement or Parenting Agreement) or a Court Order?
Answered on Aug 17th, 2011 at 7:49 AM
This response does not establish an attorney-client relationship nor is it an acceptable substitute for seeking legal advice.
Family Law Attorney serving Las Vegas, NV
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Willick Law Group
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It depends on what the underlying order says. If it is silent as to custody and visitation (not likely), either party can do anything he or she wishes; if it has some rules, those rules govern, but custody and visitation - including terms such as the right to take extended or out-of-State vacations - can be changed at any time. And you have time to file a motion and get it heard before November.
Answered on Aug 17th, 2011 at 7:49 AM