Legal Question in Family Law in Florida
I am currently divorced from my children s father. In our divorce papers it states that we each get two weeks of out of state travel with the kids a year. All we are to do is with a minimum of 30 days before i am to take them i have to give him written notice with a full outline of where the kids will be. He responded to the email i sent him back in January agreeing to this trip. the trip is now coming up in July and now he is saying that an email is not a legal form of written notice and that if i take the kids over the state line he will have me arrested for parental kidnapping. I have the kids full time they reside with me as he has visitation. Please help i do not want to get off my train and be arrested in from of my kids BC he would do that to me.
2 Answers from Attorneys
That's ridiculous. Your email and his response is sufficient notice for your trip.
YOu have given the correct amount of proper notice. However, since he is being a bad boy, file a Petition with the Court for an Order allowing you to take the children per your agreement with the attached email as an exhibit and have the judge sign the Order to Vacation. Sounds nuts, but it will work.
There is no form for this, just use your caption of your divorce case, set a hearing date and prepare an Order stating what is in the Petition.
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