Oout of state travel


#1

So BF and his ex have about 50-50 custody of their 9 year old. There is an exhibit A attached to the custody order that outlines NC parenting guidelines. I don’t see it referenced anywhere in the actual CO but I assume since it is attached, it is to be followed. In the attachement it says that either party may take the child out of state for a weekend ( or longer if it’s during that parent’s parenting time) with reasonable, prior written notice. So BF sent his EX an email saying “We will be taking child out of sate the weekend of X. She will be available, as always, on my cell phone. Thanks”

Well he got an email tirade back saying that this was “woefully inadequate in terms of full disclosure and that she absolutely has every right to know where her child will be”

From what we read we are completely compliant with the CO.
Obviously this is an acrimonious situation. She often takes the child away for the weekend to a location further away than we do but it is still within NC so she doesn’t have to inform BF. That is fine with him. Neither parent sees the child when with the other parent so as long as he can reach her by cell phone he is fine with it. This is but one area where his ex seems to feel that the rules are for him and not her. He has tried really hard not to escalate the situation but appeasing her by giving in only means that she wants more the next time. As a consequence he has decided to follow the CO to the letter- no more , no less.

So far he has chosen to ignore her email and we plan on carrynig out our planned trip. Are we in fact compliant?


#2

Unfortunately, I cannot advise you on whether you are being compliant with the Order without reviewing it myself. I can say that if you leave the state without her consent, she can file contempt against the father.


#3

Why does he need her consent ? It says in the exhibit that either parent may leave the state with “prior written notice” . I dont’ see that as a need to get her approval. What are we missing?
How would he be incontempt?


#4

She could file contempt if he takes the child out of state without permission, but it depends upon all of the language in the Order. As I said above, I cannot tell you whether you are in compliance with the order unless I can review the entire document. However, reviewing court documents is beyond the scope of this forum.


#5

ok- thanks- there is nothing in the order that even implys that he needs permission. So, we will hope for the best.


#6

Good luck to you!