Can my ex-wife’s parents travel with my daughters during my time?

My ex-wife has “notified me” that her parents will be taking my 2 infant daughters camping (500 miles away from home). She will not be traveling with them. She did not give me 15 days notice or provide me will all the details of the trip (as noted as mandatory in our visitation order after hearing) and they will be traveling during my allotted visitation time. There is no traveling clause in our visitation and they are not traveling out of state, and we have joint physical and legal custody. What can I do?

Asked on September 3, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

Your time is your time.  Read the judgment.  You can just object to the trip.  However if she fails to violate the court order---then there is nothing you can do.  If she does follow through and has her parents pick up the children, then she may be in violation of the court order.  If she isn't following the judgment then you can file a motion for contempt of court. 

You can't file a motion for contempt simply because she is threatening to violate--she must actually violate it without your consent.

Best of luck.


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