Many times, a parent may wish to take a trip with the child of a divorce where the parties are not on the best of terms. Can you still take this trip without the other party’s permission?
It is very difficult to give an answer to that question about taking your child on vacation without knowing what the physical placement arrangement between you and the other party.
Though you have primary physical placement, you could be held in contempt or the other party could file an enforcement motion against you if you will be gone during times when she is to have placement during the week you are gone.
Many placement orders have a provision regarding the parents being able to take a vacation of a certain number of consecutive days with notice to the other party. Check your order to see if you have this sort of language.
You should document that you have provided her with the details of the trip and requested to take your daughter with you.
If you do go and she does file an action against you in family court, you can attempt to show that you had provided the details of the trip to her and she was being unreasonable in refusing to let you go.
Please note that there are a number factors that play into the reasonable of a situation, and we cannot advise you of whether the other party is or is not being unreasonable without more information.
Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor. For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.