Custodial Parent Travel


#1

Parenting agreement states non-custodial parent has every other weekend only. It also states that the child may be taken out of state with reasonable notice given to the other parent. Custodial parent was given two cruise tickets leaving from and returning to a Gulf coast state and immediately (September) notified the non-custodial parent of the trip and the need to swap one weekend to facilitate travel to other state. Non-custodial parent refused to reply for almost a month, passing the date the cruise had to be confirmed. Custodial parent confirmed the cruise and continued to attempt to reach an agreement with non-custodial parent. NCP has adamently refused to agree and threatened to have custodial parent arrested if child was not available for said weekend and states that CP has to have NCP’s permission to take child on cruise and he refuses to give that permission. Nothing in the parenting agreement says CP needs permission, only that reasonable notification must be made. The cruise is only a few weeks away now, can the CP take the child on the vacation or is there some way to get the court involved in time?


#2

There is not enough time to get the court involved. CP can still take the child on the trip, but NCP may still file a motion for contempt for failure to follow the custody order. The real issue is whether you want to put up with the hassle and potential liability for the contempt motion. I’m not sure your liability is very high due to the circumstances, but it would likely depend on your county and judge.