Legal Question in Family Law in California

Cruise planned and custodial parent now says child can't come.

In our last court hearing in July, mother(custodial parent)and I agreed upon the mediators recommendations. Joint legal custody and every other weekend visitations for me with our 12yo. It was then made into an Order. She hasn't allowed me to see my duaghter since Aug. stating I won't give her any of her prescribed medicine. Definately not true. At that hearing she also agreed that my daughter could go on a cruise with me over the Thanksgiving holiday. Now she's saying she can't go. I've already paid for the cruise and the airfare. All of which are nonrefundable. I know I can file contempt charges for the visitation, which will take time, but what should I do about the upcoming cruise? Am I just out the money and having my daughter sad, since she already was looking forward to going on the cruise. Please help!!


Asked on 11/04/04, 11:09 pm

1 Answer from Attorneys
Doris Mei Divorce Services Group

Re: Cruise planned and custodial parent now says child can't come.

If the mother agreed on record in court about the cruise, then you should first request a copy of the transcript. Consider filing an Ex Parte Application, which will allow you to appear before a judge on this issue within a relatively short period of time and get an order allowing you to take your daughter on the cruise. This is complicated, so you should seek an attorney to help you with this process.

Going back to court for contempt on visitation would be dealt with separately.

Give us a call at 650-365-5145.

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Answered on 11/05/04, 3:27 pm


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