Saturday, December 7, 2013

Must custodial parent allow a scheduled international visit if the noncustodial parent refuses to provide a full itinerary?

Q:  Noncustodial parent lives overseas. Custody/visitation order in NY, where child resides. Order states noncustodial parent must provide "full itinerary and contact information" to sole custodial parent for all overseas visitation. Parents alternate chaperoning child; same parent does outbound and return for each visit, as per order. For all previous visits, regardless of chaperone, ncp has provided cp a copy of booking from airline in advance (4 days to 4 months) with clearly visible confirmation numbers. NCP has stated in writing he will not provide such now. Has indicated airport, departure times informally. NCP is chaperone; CP is expected to turn child with passport over without any *real* flight documentation. Just don't know what to do.


A:  David's Answer:  Send a letter/e-mail to NCP stating that, without him/her providing the full itinerary & contact information per the order, you will not consent to the trip. State you see no reason for this information not to be provided & ask for his/her reason(s) for refusing to provide same. Ultimately this may need to be brought back to court. Schedule a consultation with a Bronx Child Custody attorney for a full assessment.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

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