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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I have sole legal and phisical custody of my childern. My ex

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I have sole legal and phisical custody of my childern. My ex was and is abusive and won't reschedule his supervised visitations with the kids so that I can go and see my family in italy for 4 weeks.
he has supervised visitation on sat and sund, but sometimes he will txt me on fri he can't make it because he can't pay the visits. I am frustrated as I cannot ever go anywhere on weekends or visit my extensiv family in Italy..
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Hello,

Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

An order requiring mediation, requires that the parties first attempt mediation before returning to court. However when impasse has been reached, it is not necessary nor productive to continue with mediation.

Since mediation has failed, you will need to petition the court for modification to permit your vacation to Italy.

I would be glad to respond to any follow-up questions that you may have.
Customer: replied 3 years ago.


So even if I have sole legal and phisical custody I can't leave the Czountry for 4 weeks...



My understanding of your situation is that the father has visitation that is scheduled to take place during those 4 weeks. Therefore if you leave the country for 4 weeks, the children would not be available for visitation as scheduled. It is for that reason that Court approval or the father's agreement is required. If you choose to leave with the children for 4 weeks without consent or court approval, the father can ask the court to hold you in contempt

I would be glad to respond to any follow-up questions that you may have.
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