Legal Question in Family Law in New Jersey

Vacation

I have an FJOD that allows me a minimum of two weeks vacation a year. My requirements are to inform my ex of dates and the location of the trip. He is arguing that I need his consent in order to take my son out of state for an overnight stay. We share joint legal custody. I am the parent of primary residence. There is no order in effect that states that we can't leave the state. Do I need his consent? If I have given him the notice that is required according to the FJOD, haven't I done all that is required of me? Can he prevent me from allowing my son to take a Florida vacation for a week with my parents? Vacationing with my parents is something my son has done since he was 2. Since before our divorce. My mother has watched him since he was 2 months old. There is no order that specifies my parents have a right to take him, but there is nothing stating that I can't permit it. If their vacation does not interfere with any plans that he may have can he prevent my son from going?


Asked on 4/16/08, 10:00 am

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Vacation

There is no bar to your taking your child on vacation anywhere in the country.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 4/16/08, 10:40 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Vacation

Just to expand on Mr. Moore's answer, vacation is no problem, but you cannot move anywhere out of state without consent or court order.

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Answered on 4/16/08, 2:05 pm


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