Legal Question in Family Law in New Jersey

I live in NJ and my husband has a son where he is not the custodial parent, but does have visitation where we see our son about 40% of the time. We are planning a vacation to the US Virgin Islands and my stepson't mother is telling us she will not allow us to take her son on a plane as she is afraid of planes. Does she have a right to deny us this vacation?


Asked on 3/22/12, 4:07 pm

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

If it becomes necessary to seek relief from the Court, a judge would probably authorize such a trip.

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Answered on 3/22/12, 4:40 pm
Amanda Best Best Law Office, LLC

Without knowing more about your case or reading any prior orders, I can tell you that, typically, parents are allowed to take their children on family vacations with them. In this sort of situation, I might advise a client to work out a short written agreement with the other parent and include lots of specifics about the trip, possibly including a provision that the other parent will have the opportunity to speak to the child via telephone before and after the plane trip. If the other parent still doesn't agree to the trip, the traveling parent may file a Motion or Order to Show Cause to the Court. I agree with Mr. Moore above that a judge would likely authorize such a trip absent extenuating circumstances.

DISCLAIMER: Please be advised that this is general information for informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. It is strongly advised that you contact a local attorney to obtain legal advice specific to your case.

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Answered on 3/23/12, 6:18 am


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