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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116765
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My ex-wife and I have been divorced years. We have joint

Customer Question

My ex-wife and I have been divorced for 2 years. We have joint physical/legal custody of our son. In the divorce agreement she is allowed to take our son to the Philippines for 30 days out of the year (I get make up time either before or after the trip). Now I want to take our son to the Philippines for a week, during spring break and my parenting time. She is saying I can't do that, even though there's no provision in the divorce decree saying I can't.
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: My divorce lawyer said I could, but she kind of speaks double speak. One time she tells me one thing and other times she tells me something else, so I'm never certain where I stand.
JA: Is there anything else the Family Lawyer should be aware of?
Customer: Other than my ex is a high conflict person, I don't think so.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The courts in these parenting orders expect the parents to be reasonable in negotiating resolutions of disputes. In fact, the judges in parenting classes we hold come in and tell parents they expect them to be flexible based on what is in the best interests of the child and the orders are not written in stone. Thus, if she refuses to negotiate and be reasonable and the order does not specifically forbid you from taking the child to the Philippines, you may do so legally and the only way for your spouse to stop it is to file a motion in court to get the court to order you not to do so. If this is your parenting time and there is nothing preventing you from taking the child out of the country in the order, you may do so.

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