Legal Question in Family Law in New Jersey

Leaving the State with Children for a vacation

If my ex-wife plans a vacation where she will be taking our children out of state during a holiday or during days which are normally my visitation, what obligation does she have with regard to notifying me of such?

We have joint custody of our son and daughter.

Thank you for your time.


Asked on 1/09/02, 11:34 am

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Leaving the State with Children for a vacation

Your question is actually broader than holidays or vacations. The question raises the issue of one parent's obligation to advise and/or consult with the other concerning the whereabouts of the children. In general, the parent who is enjoying parenting time does not have the obligation to inform the other parent of where they are or what they are doing. On the other hand, if one parent wants to make plans on a date when the children are supposed to be with the other parent, plans should be made with that parent to adjust the schedule. The reason for this is that in most cases, the parenting time is part of a Court Order or an Agreement. In either case, non-compliance can be construed as a violation, with possible sanctions to the violating parent. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. Good luck! Rob

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Answered on 1/09/02, 1:09 pm


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