Custody
Children and the Law
Child Support

Does either parent have to notify the other when they are leaving the state for a vacation with the child in a joint custody arrangement?

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2015-07-15 18:44:52
2015-07-15 18:44:52

What does the legal paperwork state? If you are legally bound to request permission from the other, then I would follow that before taking the vacation. Parents who are sharing their time respectively with the child should also provide optional visitation times if the vacation takes any of the visitation that the "other" parent is entitled to.

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Depends on your joint custody papers contained as part of your judgment for dissolution of marriage.

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Either parent can have physical custody in a joint custody arrangement. If there is a court order granting the mother physical custody the father should notify the court of the mother's incarceration and have that order modified unless he wants the mother to resume physical custody when she is released.

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You need a letter from the other parent giving permission. Otherwise you risk having difficulty either leaving or returning.

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A person can be held in contempt of court if they refuse to obey a court order, not if they refuse to obey the other parent. You need to review your court order. You haven't mentioned the provisions that are not being obeyed.The answer depends on factors such as the visitation schedule, whether either has physical custody, whether father is allowed to control the mother's time away, whether vacation time is addressed in the court orders, what factors make it a "joint" custody arrangement, etc. You need to review your particular court orders and /or call your attorney for advice.A person can be held in contempt of court if they refuse to obey a court order, not if they refuse to obey the other parent. You need to review your court order. You haven't mentioned the provisions that are not being obeyed.The answer depends on factors such as the visitation schedule, whether either has physical custody, whether father is allowed to control the mother's time away, whether vacation time is addressed in the court orders, what factors make it a "joint" custody arrangement, etc. You need to review your particular court orders and /or call your attorney for advice.A person can be held in contempt of court if they refuse to obey a court order, not if they refuse to obey the other parent. You need to review your court order. You haven't mentioned the provisions that are not being obeyed.The answer depends on factors such as the visitation schedule, whether either has physical custody, whether father is allowed to control the mother's time away, whether vacation time is addressed in the court orders, what factors make it a "joint" custody arrangement, etc. You need to review your particular court orders and /or call your attorney for advice.A person can be held in contempt of court if they refuse to obey a court order, not if they refuse to obey the other parent. You need to review your court order. You haven't mentioned the provisions that are not being obeyed.The answer depends on factors such as the visitation schedule, whether either has physical custody, whether father is allowed to control the mother's time away, whether vacation time is addressed in the court orders, what factors make it a "joint" custody arrangement, etc. You need to review your particular court orders and /or call your attorney for advice.

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It is not required for either parent, however it is best to obtain it from the other parent, or have it addressed by the court, to prevent a last minute injunction being filed.

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You should refer to your custody agreement for specifics. Generally, shared custody allows either parent to freely travel with children without regard to provincial boundaries as long as you remain in Canada, but custody agreements can be modified. Better to check first than to be sorry later and if you have any questions about it, better yet to consult with an attorney first.

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The guidelines are basically the same in every state but obviously there are a few minor differences. Joint custody consists of Primary Custody & Secondary Custody. The parent with primary custody is who the child lives with & the other parent has secondary custody. Depending on the age of the child & the state in which they reside, the court may let them determine where they choose to live. Or if both parents agree on the child's decision then the child can live with either parent.

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It depends on whether you mean permanently or simply for a vacation. First, you cannot violate a visitation order without the consent of the non-custodial parent, preferably in writing. You do not require the court's or non-custodial parent's permission to leave the state for a vacation but the non-custodial parent should be notified and visitation time should be made up if missed. You do need the non-custodial parent's consent to leave the country for even a short vacation. In fact, you would encounter problems leaving the country, entering another country and returning without an official consent. You cannot leave either state or country permanently or for an extended period without the consent of the non-custodial parent and a modification of court orders. Doing so could result in your losing custody.

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