Taking Children out of School and on a Cruise

Dear stagar:

Greetings. What does your court order say? Let’s be honest…she is going to go with or without your consent right? So, if the order says that she cannot because she would be taking your days, then file a motion to show cause against her.

How are the children doing in school?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


First, thank you for the time and effort you put into this site. I am glad to hear you are finally in Charlotte; however, we have already had a lawyer there for more than a year. Rosen Law is definitely in our sights as our fight continues.

Our attorney was in court yesterday and will be in court all day today, so we are awaiting a response, but I am looking for some guidance in the mean time.

Quick run down, we have sent our custody negotiation to ex’s lawyer. Part of the negotiation is to prevent either of them from removing the children from school for vacations etc. She does this at least once every year and we are not afforded the opportunity.

Current Situation: For the second time this school year, she plans on taking the kids out of school for a cruise they received for Christmas. They will miss an additional 4 days. The cruise goes to Jamaica and Mexico. AND, this will prevent us from getting his boys for the long MLK weekend.
Question: Does she have to have our written approval to take them out of the country? Is there anyway to prevent her from taking them out of school again? At what point does the court deem the time with their faterh more important than vacations and other activities that always seem to interfere?

Thank you,