Family Law Questions? Ask a Family Lawyer Online.
Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.
I'm sorry to hear about your situation. Are you asking whether separation anxiety would be just cause to deny your right to take the daughter somewhere?
I see you tried to type something but I don't see any response.
Yes, we were planned to leave for a vacation to my home country of Croatia today. I was served with a motion on Monday that I was not to leave the country because of the childs safety
we share 50/50 custody
You were served a motion? Or an order from a Judge saying you could not leave?
Thank you. A motion is not a legal order, so it has no bearing on whether you may leave or not. Since you have 50/50 custody, you are perfectly capable of leaving with your daughter.
she has stated if i leave she will report this as an abduction
our divorce decree also states both parties must agree on vacations
It does not matter what she reports it as. If you have legal custody you may go wherever you please with your daughter.
and provide details
The divorce decree is a civil issue. If your wife does not agree, then you may be in contempt of court for taking here, but that is not a criminal act and would not be an abduction.
What exactly does that mean?
is her claim of seperation anxiety a defense
Our PC has also stated that our daughter does suffer for seperation anxiety
I don't know what you mean by "Is her claim of separation anxiety a defense". Her motion will only be granted if the Judge finds that the child would be in danger if she was brought out of the country. I suppose it would depend on the seriousness of the medical/emotional issue, but generally, separation anxiety would not be a good reason to disallow her from going with you.
As for contempt, it means that if you take her, you won't be punished criminally. But, your wife can file contempt (civil) charges against you because you violated the order and took the child on vacation without her approval. Most of the time contempt hearings are a slap on the wrist, but you could possibly face a fine and reprimand from the Judge.
If I can answer anything further, let me know. Remember, I'm here to help and your satisfaction is guaranteed. If you don't have any questions and you valued my time, I'd ask you to consider rating me positively. Take care,Michael
is there a reasonable amount of time this should take for the judge to hear this
No. The Judge will hear it whenever his docket is free.
Should i offer to not take the vacation, work with my daughter on her issues with her therapist and go on vacation at another time
and I will guess this is not considered and emergency hearing
That would probably be most convenient, considering you really aren't allowed to take her without your wife's consent.
No problem! I hope it works out.
This would not be considered an emergency hearing corerct?
so it could be a week or a month before it goes before the judge?
Yes, it could take some time. Even emergency hearings take weeks.
I was informed i was being served a summons today or tomorrow, will that have the court date on it
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).