Can I take my daughter on vacation? 11 Answers as of May 14, 2013

I have sole custody of my daughter and our court orders say I have to give notice by May 1st which I did. In order to get passport I need her birth certificate and it only has my name on it. Now, we're leaving in 6 days and he's giving me a hard time saying it's kidnapping and I need his permission. I looked it up and I did everything legal but in your opinion what is the best route about this?

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Derek L. Hall, PLLC | Derek L. Hall
If you have sole custody and your order says that you are required to give notice before taking your child abroad and you have complied with the notice provision. He cannot prevent the travel.
Answer Applies to: Mississippi
Replied: 5/14/2013
Law Office of Brent R. Chipman
Law Office of Brent R. Chipman | Brent R. Chipman
Since you have such a short period of time, you may simply want to leave on vacation. You do not have time to ask the court to clarify the order or to give you explicit permission to take the child out of the country. You have complied with the notice requirement, and you have not indicated that the other parent's permission is required.
Answer Applies to: Utah
Replied: 5/10/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
If you have the passport and the court order, you should be fine. Keep both with you.
Answer Applies to: Idaho
Replied: 5/8/2013
Woods, May & Matlock, PC
Woods, May & Matlock, PC | Robert J. Matlock
Many airlines require a signed permission slip from the other parent if a child is leaving the US. For travel within the US, that is usually not needed. Your question was not specific enough to provide a more accurate answer. I suggest you hire a lawyer.
Answer Applies to: Texas
Replied: 5/8/2013
The Law Offices of Tres A. Porter | Tres A. Porter
It is difficult to fully advise without reviewing the actual court order. You should consult with a family law attorney in your area immediately. But given that you claim you are doing everything by the terms of the Court Order, I would make sure he is aware of the Order and tell him good luck in filing kidnapping charges. Make sure your custody order is registered with the County Sheriff and make certain you have a filed copy of the Order for custody with you at all times.
Answer Applies to: California
Replied: 5/8/2013
    Gabel, Gudmundsen & Gabel, P.C. | Laura Gabel
    You are allowed to vacation with your child out of the country. You just can't move her out of the country. The only caveat on this is a new requirement that custody and parenting time orders contain a provision that "neither parent shall exercise parenting time in a foreign country/nation that is not a party to the Hague Convention on the Civil Aspects of International Child Abduction." This is brand new and probably not in your order unless it was just entered this year. If it is in your judgment, you have to determine whether the country where you plan to vacation is controlled by Hague. Note too that if your travel is interfering with dad's parenting time schedule, you will have to make that up. Try to reassure your ex that this is just a vacation. If he's still upset, suggest that he talk to the Friend of the Court for them to confirm the propriety of what you are doing.
    Answer Applies to: Michigan
    Replied: 5/8/2013
    Kunin &Carman | Ishi Kunin
    If you have given proper notice, you may go on vacation, even out of country. You do not need his permission. This assumes your order has no other requirements.
    Answer Applies to: Nevada
    Replied: 5/8/2013
    TAMBASCO & ASSOCIATES, P.C. Attorneys at Law | R. Tambasco
    Be sure to give him a copy of the itinerary so there will be no doubt about departure and return dates. As you have given notice and assuming this not a parenting time issue, you should be able to take your vacation. If he has an objection because he believes to be a permanent move, he can file a motion or petition with the court to challenge it. Absent any evidence to suggest this is nothing more than a vacation, nothing should really come of it.
    Answer Applies to: Indiana
    Replied: 5/8/2013
    Ezim Law Firm | Dean Esposito
    You have sole custody and there is NO judgment in place that requires you to obtain his permission. Therefore, you do not need his permission. I would provide him with the dates of the trip, location and telephone number in which he may communicate with the child while you are on this trip.
    Answer Applies to: Louisiana
    Replied: 5/8/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Do what you wish unless it is a violation of a court order. Sound like he is mistake but need the details for a firm opinion.
    Answer Applies to: Michigan
    Replied: 5/8/2013
    Bush Law Group
    Bush Law Group | James Falk
    If you have sole custody, you have given timely notice, and there is nothing in the court order prohibiting you from taking the child out of the country, then you are not kidnapping. Enjoy your vacation.
    Answer Applies to: South Carolina
    Replied: 5/8/2013
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