Hi everyone, I need advice about my ex traveling with our child without my consent. We have a parenting order that allows two vacations per summer, which have to be prescheduled and agreed upon. But my ex went to Chicago recently without my permission, and now my daughter is saying they’ve planned a trip to New York in December. My ex has sole custody and primary residency, and she’s also a family law lawyer, so I feel totally outmatched. I’m in Ontario, Canada. What can I do to stop this or hold her accountable?
If your ex is violating the order, you can file a Motion for Contempt. That’s usually how courts handle this kind of thing.
Wendell said:
If your ex is violating the order, you can file a Motion for Contempt. That’s usually how courts handle this kind of thing.
Thanks. What exactly does a Motion for Contempt do? Would it stop her from traveling?
Wendell said:
If your ex is violating the order, you can file a Motion for Contempt. That’s usually how courts handle this kind of thing.
It’s basically telling the court she’s not following the rules. It could lead to penalties or even changes to custody time.
You might also be able to file an emergency motion to suspend visitation until after the trip. Have you looked into that?
Irene said:
You might also be able to file an emergency motion to suspend visitation until after the trip. Have you looked into that?
I hadn’t thought of that. Is it something the court would consider, given she has sole custody?
Irene said:
You might also be able to file an emergency motion to suspend visitation until after the trip. Have you looked into that?
Even with sole custody, she still has to follow the order. Courts take repeated violations seriously.
I’m in Ontario too. Courts here can penalize a parent for ignoring agreements, especially if it’s not the first time.
Evren said:
I’m in Ontario too. Courts here can penalize a parent for ignoring agreements, especially if it’s not the first time.
That’s good to know. Would they actually reduce her custody time over this?
Evren said:
I’m in Ontario too. Courts here can penalize a parent for ignoring agreements, especially if it’s not the first time.
They could, especially if she keeps doing it. Judges don’t like it when one parent acts like the rules don’t apply to them.
Do you have proof of the Chicago trip or plans for New York? That could be really important in court.
Sadie said:
Do you have proof of the Chicago trip or plans for New York? That could be really important in court.
Yeah, I have proof of the Chicago trip and my daughter mentioned the New York one. Will that be enough?
Sadie said:
Do you have proof of the Chicago trip or plans for New York? That could be really important in court.
Should be enough to file something. Courts usually take violations more seriously when there’s evidence.
Since she’s a lawyer, she might be trying to intimidate you. Stick to the facts and let the court handle it.
Quillan said:
Since she’s a lawyer, she might be trying to intimidate you. Stick to the facts and let the court handle it.
That’s exactly how it feels. I’ll focus on the evidence and let the lawyer handle the rest. Thanks for the advice!
Quillan said:
Since she’s a lawyer, she might be trying to intimidate you. Stick to the facts and let the court handle it.
Good plan. Judges don’t care about who’s a lawyer; they care about who’s following the order.