Custody - Leaving the County


#1

Ex & I have parenting agreement.
Ex has kids 80% of the time.
Ex wants to fly out of country for 10 days with kids.
Ex thinks she needs my permission/consent form before she can fly out w/kids.
Kids have valid Passports from before separation.

Why would Ex need my permission ?
Is there a law, statue, or rule somewhere that says so ?

The Parenting Agreement says -
“The parents agree to sign the necessary paperwork / consent forms so that the children can travel overseas with a parent. Each parent will retain the passports for their country of citizenship.”

I understand this to mean when it is time to renew passports.
Not that I have to sign a consent form for her to leave country w/kids, as long as they have a valid Passport.


#2

Unless the agreement specifies that permission is needed from the other party, it need not be given.


#3

Erin -

Does this statement say "permission is needed from the other party ?

“The parents agree to sign the necessary paperwork / consent forms so that the children can travel overseas with a parent. Each parent will retain the passports for their country of citizenship.”

It alludes that there is ‘paperwork and/or consent forms’ needed to be signed by Dad in order for Mom to take the children overseas.
I do not know of any law/rule that states Dad or Mom needs a consent signed.

I understand when a passport is needing renewed, both parents consent is needed, but other than that ?


#4

I can’t say how any one judge would interpret the provision in your agreement, but in my opinion consent is not needed for each trip, and the provision was intended to allow each of you to travel with the children after procuring the original documents needed.