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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31985
Experience:  JD, 16 years legal experience including family law
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how can i go about taking my daughter to russia for 12 days

Customer Question

how can i go about taking my daughter to russia for 12 days to visit family her dad and i have a court order that he doesnt always comply with more the 80 percent of the time and he refuses to give me consent to take her my trip is in september and i dont have much time to go through the court system im stuck please help
Submitted: 1 year ago.
Category: Family Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

What does the order of custody/visitation indicate about traveling abroad with the child, if anything? Has the father given you a reason for not consenting to this trip?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

the order doesnt specify anything about out side of the country travel and no his reason is only that since i dont let him have my daughter overnight at his house and that if he doesnt get to travel with her then neither do i but i already have a passport for her that he was there to sign for also the main reason for the trip is because a family member of mine is passing away from cancer and i would of loved for her to meet my daughter before this happnes

Expert:  Tina replied 1 year ago.
I see. Thank you for providing this additional information, Veronica.

Since the father will not consent, you would typically need the consent of the court. However, as you indicated, your time before the trip is limited, so it would normally be better if you try to resolve the situation with your ex through mediation or other means besides having to file a motion with the court.

Since he has been violating the court's order, that would typically provide grounds for you to seek an order of contempt, requesting that he be held in contempt of court and even jailed. It could also provide grounds for you to seek sole legal custody, so you could make the decision to travel abroad on your own. So if he wishes to avoid risking jail time or losing legal custody of this daughter, that may be enough to motivate him to consent to the trip.

What I would do under these circumstances is retain a local family law attorney to communicate this to him--that if he does not reasonably provide his consent, you will pursue contempt against him and he would risk being jailed for violating the court's order. Or, if you have reason to believe that he might agree to mediation, you could request that you and he mediate the issues you have in an attempt to come to an agreement.

An attorney could also get the contempt motion started to show your ex that you are serious about this, as well as filing a motion requesting consent for the tip from the court.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.

and if we were to go through mediation would the mediator decide weather or not she can come with me or would that also have to go through court

Expert:  Tina replied 1 year ago.
Hello again, Veronica.

No, a mediator does not have the authority to decide, but aids the parties in coming to a voluntarily resolution of the issues. A court would have the authority to give permission to travel abroad, but often mediation is much less expensive and time-consumer, and does result in a resolution.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.

would it look bad upon me that i let him see my daughter when she requested to see him and cried because she missed him and i would allow him to pick her up even if it wasnt in the courts order

Expert:  Tina replied 1 year ago.
Hello again, Veronica.

The law imposes a duty on the parents to work together to foster a bond between the child and both parents, so a court would not typically frown on the willingness of the custodial parent to provide additional visitation with the non-custodial parent beyond what is court-ordered unless there has been a finding that it is not in the child's best interests. No, that would not typically reflect poorly on you.
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31985
Experience: JD, 16 years legal experience including family law
Tina and 10 other Family Law Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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