I planned a vacation out of the country with my child. My ex-wife signed the passport for him to travel and verbally agreed that he could go.
Just days before the flight she told me she is rescinding her agreement and I can’t take our child with me.
Does she have the right to do this? If so, is there any way to sue her for the money that was spent on his airfare?
Since I am only licensed to practice law in Wisconsin, I can only provide you with general divorce help for men to your child custody laws question.
When married individuals get divorced, a court will impose an order regarding child custody and parenting time of the marital minor children. The court will typically allow the parties to agree on a custody schedule but will make the ultimate determination if compromise is not possible.
Beyond accounting for the daily placement of the child(ren), these child custody agreements frequently contain specific provisions that address the rights of each party to take the child(ren) on vacation. These provisions will also address travel outside the country because foreign travel usually needs to be a joint decision if the parties have joint custody.
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If you (1) entered into one of these agreements; (2) the agreement provides for vacation and foreign travel; and (3) the court incorporated the agreement into its judgment, than the order may allow you to take the children on a foreign vacation and the vacation time may supersede the ordinary placement schedule.
If this is the case, the opposing party may not be able to stop you from taking your son on vacation.
If the court’s order does not address vacation or foreign travel, the ordinary placement schedule may take precedent and the opposing party may be able to claim their child if her placement occurs during the vacation period.
If there is currently no court order on the subject, the opposing party may not have the ability to prevent you from taking your son on vacation because technically both parents have equal rights to the child.
In regards to the airfare, you may be able to sue the opposing party for contempt if the current child custody and placement order allows you to take the child on this vacation. A contempt action requests remedies when one party fails to comply with a court order, in this case, the money spent on travel.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.