I replied to your topic on the Emotional Issues forums, but this post gave a little more information. I’m sure a lawyer will respond on this but if you have primary custody, I don’t think he can prevent you from taking your son out of the country for vacation, especially since this is not a first time and custody is already decided. If share joint custody then you would probably need to inform him that you are taking the child on vacation and as long as it does not interfere with his visitation schedule there should be no problem. If you were in the court process for custody right now then he probably could have the judge order you not to leave the country with the child until custody is settled. Maybe he’s just trying to rattle you into giving in??
Dear August:
Greetings. No, I doubt that he will be able to stop you from traveling out of the country, as long as you have return tickets. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.
History: Divorced since 2000. Have taken many trips in and out of the country w/ my son. Never have I asked/told my X if it was OK. I am a US citizen, I do have a house here, I do have a career here. I am not a flight risk. We share Joint, and that is as basic as our agreement states, I have primary. The X’s involvement w/ his son is more like a big brother who is usually away at college, than a father! He has a hair across his butt about having our son (now age 13) move in with him (200+ mile = 4 hour+ drive away). He has decided he needs a man in his life!!! He’s threatening lawyer involvement. Can he prevent me from taking an up coming vacation out of the country?