Legal Question in Family Law in Connecticut

Summer vacation-child custody
My husband and his ex have joint legal custody. They have, in their agreement, a statement that reads:

Neither the Plaintiff or Defendant will remove any of the unemancipated child(ren) outside of a 50 mile radius of the Town of Putnam, Connecticut on a permanent basis, without prior written consent of the other party of prior approval of a court of a competent jurisdiction. This provision does not apply to either of the parents rights to take the child(ren) on vacation or an overnight stay provided that the parent taking the child(ren) on vacation has provided thirty days notice to the other party of his or her intent to take the child(ren) on such vacation.

My husband gave his ex notice on our vacation with the children. She is trying to state that she has to give permission for the vacation. Also, right now there is a ''no overnights'' provision in the court order. However, in April, she agreed (in writing) that if we let her mother take the children for two weeks in June, we could take them for two weeks in August of uninterrupted vacation.
The ex wife is now grandstanding about not having given her permission and threatening with restraining orders.
Help?

Asked on 7/20/09, 12:39 pm

Linda Subbloie Linda A. Subbloie, Esq.

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Re: Summer vacation-child custody

First of all I do not believe the agreememt requires consent to take the children on vacation. It only requires notice.

Your husband needs to file a motion for contempt and a motion to enforce the decree immediately if he wants relief.

Answered on 7/20/09, 12:46 pm

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