Legal Question in Family Law in Virginia

travel

According to divorce decree it says; The parties are not to travel outside of the United States without the express written consent of the parties which cannot be unreasonably withheld, or same may be Court order.

That is court order. I will be visiting my family in Turkey in June. I have a full custody. That point should I send letter for him and let him know we are living in June or should I need to go to court and get order. I do not want to disregard the court order. Please help.


Asked on 5/14/06, 6:35 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: travel

A ressonable interpretation of this provision in your decree is that you first must seek the written consent of the noncustodial parent in order to undertake your travel to Turkey and if such consent is unreasonably withheld, then you must petition the court for the court's permission.

If your plan is to depart in June, you had better "get crackin'" real soon(like tomorrow).

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Answered on 5/14/06, 10:52 pm
James Wilson James H. Wilson, Jr., Attorney & Counsellor at Law

Re: travel

You have quoted a portion of your decree which requires your ex-husband's express written consent before leaving the United States. (It would be better if an attorney reviewed the entire decree to determine your obligations regarding travel). Based on this selected portion, you should send a letter describing your trip with a place at the bottom for your ex-husband to sign indicating his consent. If he unreasonably withholds his consent, you need to obtain a court order before leaving.

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Answered on 5/15/06, 9:08 am


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