Commerce City, CO asked in Family Law, Child Custody and Child Support for Colorado

Q: If my ex agreed to let my child go on a family trip and now at the last minute said no

Family planned trip out of state ex said no my child could not go. Asked if it was in state could she go? She agreed and now the week of the trip is saying no. We are going to mediation at the end of the month and most likely court. If i still take my daughter will this hurt my chances in court?

We have a notarized agreement in it that states the other parent needs permission to go on any trip but no court ordered documents.

2 Lawyer Answers
John Hyland Barrett III
John Hyland Barrett III
Answered
  • Divorce Lawyer
  • Louisville, CO
  • Licensed in Colorado

A: This depends on whether you have a court-ordered/approved parenting plan. If so, you should comply with its terms. If there are no court orders on the matter, either parent is entitled to time with the child in state. If there is no agreement, you should probably not do it. It is hard to predict how the court will view this. You should get a lawyer to help you with this.

Sabra M. Janko
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Answered
  • Divorce Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: I am sorry to hear about your situation. You can ask a court in a forthwith motion, which is faster, to address issues of child travel. It sounds like in this case there is not enough time. You are obligated to adhere to any agreement that you signed but it can not be enforced under a court's contempt power. It can be enforced in civil court. You can always ask for a different provision in mediation allowing for broader travel ability.

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