Legal Question in Family Law in California
What will happen if my husband takes child on vacation?
A couple of months ago I asked a question about whether my husband would have to get permission from or give notification to his ex if he would be taking his son out of state for vacation. The reply I received was that if his orders do not stipulate that permission or notification is required, he should, as a courtesy, give her itin, ph #s, etc. We gave her notice in writing in June, in August she ''said'' it was OK then she realized that we scheduled the trip over her weekend by mistake and is now saying she will not swap weekends so son can go. She is afraid the courts will think she ''gave up'' her weekend and will look like a bad mother. We have already purchased airline tickets (non-ref) and she has already said OK. What could happen, legally, if we don't come back until the end of what should be her weekend? Should and can we file some kind of request with the court? We are suppose to leave 08/20.
2 Answers from Attorneys
Re: What will happen if my husband takes child on vacation?
As a compromise you should prepare a simple agreement that states that the parents agree that mom and dad will exchange weekends for visitation, stating which weekend he gets the child and the alternate weekend that mom gets in exchange. That this agreeement was made to benefit the child and does not reflect on either parents love or care for the child. keep the language simple and the agreement short.
Re: What will happen if my husband takes child on vacation?
Don't do anything. She can have him for the following weekend. She already consented to the trip. Plans were made, money was spent. If she doesn't drop off the son and prevents him from going, well, then you'll have to go it alone. Just remember, it was she who prevented him from going. These kind of petty child custody issues really drive the courts crazy. If she doesn't do anything to prevent the son from going, then, go and have a nice time. If you are truly worried about any action by her, then, don't take him with you. Good luck and thanks for inquiring.
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