Ex not willing to sign consent letter to travel with minor child

[deleted account] ( 5 moms have responded )

I emailed my ex last October, 2013 asking if he would be willing to swap a weekend with me for our daughter to travel to Jamaica for 1 week in July for my wedding. I provided him with the dates of our vacation. He is not losing a weekend with her, our weekends were only switched i.e. he will have to back to back weekends instead of every other weekend and vice versa. I also placed in the email that if he had any issues with my request to please let me know.
I received no response therefore, I assumed that he was OK with the switch (BTW we have swapped weekends on a number of occasions before). I then proceeded to plan my wedding as I sent out invites, guests bought their vacation packages. I have also purchased packages for myself and minor to travel. All of my wedding arrangements have been made.
I emailed my ex May 30 as a reminder of the swap. He responded on Jun 5 that our daughter cannot attend my wedding because it falls on his weekend.
I sent him my email 8 months ago asking if he was OK swapping weekend and to let me know if he had an issue with my request and he did not respond. Now he is not willing to provide me with travel documents for our daughter to leave the country.
Do you guys think that a judge will provide me with a court order allowing me to take my daughter to Jamaica for my wedding?
Thanks for your input!

5 Comments

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Ev - posted on 06/09/2014

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Well, Vanessa, apparently it does matter now. ANd just because no repsonse meant that he did not mind in the past, maybe this summer for some reason that weekend that is his and your wedding occurs, he can not change up what he has going on. I would think that people would commuicate more often than a couple of times for something like this. Unfortunately, not communicating more often leads to this kind of mess. And I am not sure that you have time for this to be filed for court and heard by a judge and decided on before July. Its almost the middle of June and courts do not work on your calender. They work on that of the judge.

[deleted account]

That is the week that I was alotted summer vacation by my employer. My vacation is based on seniority. It did not HAVE to be that weekend that is the reason why I asked him if we can swap. As I said in my previous post, we have swaped on numerous occasions and we always ask the other if there is a problem to advice. No response implies there is no problem. This has worked for YEARS without any issues.

Michelle - posted on 06/09/2014

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I agree with the other ladies but am also wondering why it HAD to be that weekend. Could it not have been a weekend that was yours?

Ev - posted on 06/09/2014

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I have to agree with Little Miss though I have a few concerns with this. You said you contacted him via email with the details and so on. Yet you never once called him on the phone to make sure he got the details and to talk about the switch further? You just assumed since he did not respond he would be okay with it? I hate to break the bad news to you but because he did not answer did not mean he was OKAY with this trip even though he may not have been sure of what he was going to do at that moment you sent him the information about your wedding. You also did not follow up with him either to make sure you could do this and he was definitely okay with the idea. By not doing this and making your plans anyway, you set yourself up for a downfall right there. You do not make plans after only ONE message sent about the whole trip regardless if it is for your wedding or not. You follow up on the message and discuss things further making sure he is on the same page as you. Just because you sent him this info one time and he did not reply did not give you the right to go ahead to make these plans. Then you wait until the last day of May to email him again to remind him of said plans only to be told no because it is his weekend. And now you want to take it to court because you did not follow through to begin with? It does not matter if he would have 2 weekends in a row or not, you did not do the necessary things you needed and he is well within his rights to say no being it is his weekend. I am not sure what a judge will do nor do any of the moms here. What I do know is: You emailed him the one time to start with. He did not reply leaving you to ASSUME he was okay with said trip and plans to go out of country for your wedding. You wait until the end of May to remind him and get told no after you made those wedding plans and paid for travel/accomadations packages for you and your daughter. And now you want to take it to court because he refuses and it is his weekend. I do not know how much of a chance you stand to get it your way. You should have planned this better in communication with him and it might have worked out for you.

~♥Little Miss - posted on 06/09/2014

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Only way to find out is by getting ahold of your lawyer asap. The longer you wait, the less likely it will happen.

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