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I Have Booked Our Family Vacation Can My Ex Refuse To Change The Children’s Schedule?

I Have Booked Our Family Vacation Can My Ex Refuse To Change the Children’s Schedule?

After having a Parental Plan/Children’s Schedule put into play parents often ask about vacation time. Many Family Court motions surround these issues because one party cannot come to terms with the other parent taking the kids away to have a good time abroad.

Likely Outlook

Judges will not look at the parent’s personal feelings towards the actual vacation (unless it is a safety concern). They will base their decision on if the trip is in the child’s best interest. Judges are totally okay with slightly tweaking the regular parenting schedule if it allows the children to go on vacation. Tweaking a child’s schedule is common in a family matter. The concept of family is very fluid and through this flexibility one is able to live a more cohesive life style.

Despite All My Efforts My Ex Won’t Sign A Consent Form To Travel

If you find yourself in this difficult situation you might have to go to Family Court.

Usually Judges allow parents to travel with their children (provided the grounds of safety are upheld). Judges are reluctant to allow travel to countries that are not parties to the Hague Convention, countries in war, or are dangerous in some other way. Other than that, the opposing parent will need an extremely demanding and validated reason to prove that the children should not be permitted to travel with the traveling parent.

If you feel the other parent continues to refuse for an unreasonable reason you will have to go to court to have judge approve the trip. This may be in the form of a Motion. Here, many things will be taken into consideration, whether you have a Parenting Plan or Separation Agreement that addresses Time/Travel with the Kid(s) and terms that allow each parent to travel with the kid(s).

What If I have No Pre-Existing Parenting Plan?

If you do not have a parenting plan or an agreement that addresses this matter, then you might have to start a new court application. It is best that you contact the team at AYOUN LAW in order to help you with this process. They can talk to you about the procedural steps that are required in order to help you address this concern.

You will have to start a new court application, bring a motion with supporting affidavit material.

If you find that you do have a pre-existing parenting plan but the terms do not address travel than you may need to read Rule 15 for Motion to Change  and follow the law accordingly. 

This entire process can become very costly but if you feel your Ex is holding you back with no solid reason than you can talk to your lawyer about pushing the costs onto the refusing party. An informed lawyer will always talk to you about the possibility of having the costs pushed onto the other party. If you are in need of quick legal advice in regards to your family matter call AYOUN LAW for a FREE consultation.

To contact AYOUN LAW, Mississauga, Ontario, call 905-232-2793, email them, or use the form below, comments. We answer all our inquiries.

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