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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33167
Experience:  JD, BBA Over 25 years legal and business experience.
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I have a court order that says my little girl can go to Japan

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I have a court order that says my little girl can go to Japan this summer and her father and I must split fee.He took me to court trying to get a travel fund set up out of my childsupport and the judge said no way. We have decided she is not going to Japan as it is too expensive. The order says her father can make the arrangements of time and date but must be nonstop flight purchased 60 days in advance(this was for Japan). He is outside of his 60 days but wants me to send her to his family and he will come from Japan 4 days later. I told him she can go to any state,any airline any time but he must he at the receiving end to pick her up. I have my reasons and am concerned for her safety with his family. Do I have the right to not allow her to be released to someone other than him?

Yes. You have the right to act in her best interests. Since the court has not ordered you to allow her to travel without her father being available on the other end of the trip, you would not be violating the court's order if you refuse to allow this.

 

The father would have to file a motion to modify the order to have it changed, which may be denied depending on your daughter's age and all relevant factors amounting to her best interests and safety.

 

 

Best regards XXXXX XXXXX

Tina

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Customer: replied 8 years ago.

She is 8 yrs old and her daddy is an ass. The judge was all in my favor but the original order was for Japan and said he had to purchase 60 days in advance of date of travel which he has purchased today for July 30th. She will b devastated and needs her daddy and is going to be heartbroken. It cost me 10k to defend my situation and now he plays these games. I just want to be sure I am not breaking any ruling since it is her time with him. If anything I can argue hes way outside the 60 day notice to purchase the tickets is that correct? I love her so much and do not feel comfortable with his dad and step mom whoes own child wouldnt even allow her to watch her grandson for 4 years because she is such a horrible person. I told him any day, any airline anytime so I should be ok then? Looks like she wont be going he just sent me confirmation of the ticket with them picking her up and her staying with them for 4 days before he even arrives. Thanks so much for your help. I have no mom or dad and she is all I have and I love her sooooo much. Courtney

p.s. should I send you a copy of the order?

Right. He is outside of the time required by the court's order, so he would be violating it if he insists on purchasing a ticket now.

 

I don't need a copy of the order to answer this question. Right. You should be fine since he is the one being uncooperative and unwilling to comply with the court's order.

 

Good luck and take care, Courtney!

 

 

Please remember: even if you have a subscription, I do not get credited for my work by JA until you press the ACCEPT button. Thanks again!

Customer: replied 8 years ago.
Sorry one last question. Even though the order was for Japan and now we agreed on Florida (several months ago within the time limit) the time limit will still apply? Thanks you are the best. Im hoping he will come around she needs him and loves him so much. I really appreciate it. Courtney

Yes. The court's order would be controlling and he has no authority to demand that you alter it, so you are not violating it.

 

All the best to you.