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!