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I have joint shared custody of my two children with ex and

 
JD 1992's Avatar
  • Answered by:JD 1992
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Customer Question

I have joint shared custody of my two children with ex and she takes them out of town wothought telling me or even asking and also has new boyfriend and taking them up in small plane withought asking me .i found out from son I asked je to not do that becaise small planes are dangedousetold me that tough she doesnt have to ask me where do I stand

 

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Country relating to Question: United States
State (if USA): Arizona

Already Tried:
Asked her to ask and follow agreement she refuses

Submitted: 376 days and 6 hours ago.
Category: Legal
Value: $48
Status: CLOSED
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Expert:  JD 1992 replied376 days and 6 hours ago.

I need you to be a little more specific in your question(s) if you could. When we answer general ones like "where do I stand" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Customer replied376 days and 6 hours ago.

Can I enforce it in court and what will judge say

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Expert:  JD 1992 replied376 days and 6 hours ago.

She doesn't have to ask you if the court order doesn't specify that but I think it is extremely likely that the judge is going to tell her not to let him go up in the planes if you ask the judge to do that.

I need you to be a little more specific in your question(s) if you could. When we answer general ones like "what are my rights" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Customer replied376 days and 6 hours ago.

The agreement is she or I have to ask and or notify if taking kids out of town 14 days prior and leave contact info and travel itenery s+e just goes and usually comes back late so I lose day with kids I have asked her to stop and please follow rules she tells me no

Accepted Answer

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Expert:  JD 1992 replied376 days and 6 hours ago.

She obviously needs to follow the rules set up in the order but that language you cited really doesn't require her to get permission to take the child up in a small plane. If she isn't following the rules then the appropriate action is to file a Motion for Contempt. You can file a Motion to Modify at the same time asking the judge to add the language about taking the child in a private plane.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like but I believe I have answered all of the questions you asked.
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Expert TypeAttorney
Category: Legal
Pos. Feedback: 97.7 %
Accepts: 11375
Answered: 5/7/2012

Experience: Began practicing law in 1992

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