Legal Question in Family Law in New York

Children out of the country for longer than alloted (30) days.

In our Divorce Agreement, both my ex-wife and I are allowed to have the children for (30) days during the summer. It also states that if one of us does not excerise our right to the (30) days, it does not waive our right to the see the children as per the regularly set schedule. I won't be able to use my (30) days, so she wants to send the children (ages 5 and 8) out of the country to their grandparent's house (while she reamins in NY) for more than her alloted (30) days; two months to be exact. This will take away my eniter summer with them. What can I do if they remain more than (30) days? I am the NCP.


Asked on 3/03/08, 3:24 pm

1 Answer from Attorneys
Bunji Fromartz Fromartz Law Offices

Re: cant remove kids without your consent,

Legally she cannot take away your visitation rights without your consent. If you demand the children be in NY for your visits, they have to be there. Why not split the difference. Let them stay an extra two weeks in exchange for some expanded fall or winter vacation time? Or have them come back for a few days and then go back to the grandparent's house, assuming they want that too.

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Answered on 3/03/08, 5:29 pm


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