Legal Question in Family Law in California
What does it take to set a legal precedent?
My ex and I share legal custody of our child. The child travels back and forth between our homes due to the fact that we do not live in the same state. We use to book round trip tickets for the child, with my ex reimbursing me 50%. Three trips ago my ex refused to reimburse me, the ex believed that I should have had enough miles by now and refused to pay. After that trip I refused to book round trip tickets and went solely with one-way tickets.
Two trips ago I just booked a one-way and gave the ex no choice. This last trip I offered round trip in the event the ex purchased the ticket and I did the reimbursing. The ex fought the issue, the whole ticket, the visitation, everything. So I said that�s it I�m booking one-way, the ex caved and agreed after fighting it for three weeks.
At what point can I say that one-way tickets have become the norm and have that stand legally?
It is court order to share in the child�s travel.
The court order does not outline the mode, location, or kind of tickets.
When I book a one-way ticket I get the child to me, the travel to the ex is the ex�s responsibility.
The court order does say the ex will arrange travel for the child to get to the ex, but says nothing about who books travel the other way.
1 Answer from Attorneys
Legal precedent is set by the courts of appeal or the state or federal Supreme Court.
You and your ex need to agree on a resolution to this ambiguity in the order, put it in writing as a stipulation, and submit it to the court for a modification of the order. If you cannot reach that agreement, you will have to file an OSC re: Modification of the existing order to clear this up.
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