Legal Question in Family Law in Arizona

Re: wanting to take children on mexico cruise

I assume that you are formally divorced, rather than pending a divorce. You should review the decree of dissolution (your divorce order) and any related custody and child support orders. Were you granted �sole� or �joint� legal custody of the children? If you were given �sole� legal custody, you don�t need the father�s formal approval. You are giving him the courtesy of notice and it may require make-up visitation days.

If you have �joint legal custody�, both parents have agreed to discuss what is best for the children before major life decisions are made, then yes you will need his consent. I have seen decrees of dissolution which include phrases like ��consent shall not be unreasonably denied� which would be helpful to you. If you haven�t already made the request to him in writing, you might want to do so asap and give him a short time to provide his answer along with a good explanation for his decision.

Finally, if you can reasonably explain to a judge why the children should travel outside the USA with you; yes, you should ask the Judge to allow the children to travel with you. You should consider asking for an Emergency, Expedited Hearing. There are various websites to find sample forms, start at , just change the heading to the county where you got the divorce and file the pleading in the divorce case, use the same case number. If you know the father�s reasons for denying consent, be prepared to answer them. If he�s worried about the children�s safety, you could contact the cruise line for statistics and other safely information. If the father doesn�t have any articulatable reason or you can "address his concerns", you have a very good chance of getting the court to agree. Another tip, if there is passport paperwork or other documents that the father will need to sign, bring them to court so he can be ordered to sign them in court.

Good Luck,