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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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I have a trip planned to Argentina as I do every other year

Customer Question

I have a trip planned to Argentina for Christmas as I do every other year with my son since he was 5. He is now 11 and all the trips we took there were for three weeks or more.
I have passport stamps to prove it, and every time my ex wife had agreed and signed the travel consents.
This time, even though we had bought the airline tickets in May due to their high cost close to the holidays, she now refuses to let him go and has dug her heels in no more than two weeks.
Due to the time we need to get visas I needed an urgent answer. I got an attorney who filed an URGENT MOTION but the motion has a date of February. He said he is calling everyday to get just 15 mins with the judge to solve the issue but we are going nowhere so far.
We also attended Mediation last week and she did not budge either. In fact, she ask the mediator for time until she sees her lawyer 10 days from the day of mediation. YES, she is dragging the issue.
In any case, and against to my lawyers recommendation, would it be wise to try to reach the Judge myself. All we need is 15 mins to listen to the motion and make a decision, but soon....I am kind of desperate and I know she is just being vindictive, regardless of she saying it is not it. Even the mediator told her to agree on this last trip and make a new parenting agreement as of now. In fact, the parenting agreement says one week each twice every year which we had not follow from day one. Just like many other things we were supposed to do but we agreed upon between ourselves.
Please I would appreciate any feedback in order to reach a solution. We travel on Mid Dec back on first week of Jan and changing tickets is not an option at this point as we would have to spend over 1500 dollars due to penalties and price changes.
Thanks
A dad in dire straits from NM.
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Hello and thank you for your question. Please permit me to assist you with your concerns.

Please listen to your attorney in this instance. Contacting the judge yourself is a VERY bad idea. First of all, it not permitted--both sides are entitled to the same contact with the judge, and neither party can attempt to circumvent it. Second, because it is not permitted, this generally puts the judge against you and he is less willing to help you when the hearing comes, and he might even admonish you publicly.

I realize you are desperate, and I genuinely understand your worry, anxiety, and concerns, but you need to push your attorney to get the hearing, this is not something you should do on your own.

Sincerely,

Dimitry, Esq.