Chula Vista, CA asked in Family Law for California

Q: Can my ex wife refuse to get my daughter a passport so I can take her on a trip even after she agreed to do so?

Divorce took place in IL. I live in CA. In custody agreement it states that we have the right to take our daughter outside state of IL to travel. I planned on her Spring Break visit with me to go to Dominican Republic. I would fly my daughter from IL to CA, then travel to DR back to CA then she would travel from CA to IL. My ex agreed to get passport via text msg. So I booked and paid for trip. Now two months later she stating thats too much flying that if I wanted to take her I would need to travel to IL and get her and leave there to DR. My trip in non-refundable or transferrable. My ex states that my daughter does not want to fly so much. However, when the trip was booked she was with me and she said she did not mind. So, I went ahead and booked trip. So can my ex refuse after she agreed to get passport? I also told her that my trip was non-refundable and that she should pay for our daughter's ticket since she will no longer let her go. She replied take me to court. What do I do?

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1 Lawyer Answer
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: This question should be asked of attorneys in the state of Illinois. Otherwise, it depends on what your court orders say. It also depends on whether you share legal custody (speaking from my knowledge of CA law)

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