QUESTION: My ex wants to take our child out of the state in two weeks for a holiday weekend. Our court order provides that a parent can’t take our child out of state without the other parent’s advance written consent. There’s no good reason why I should not consent, but my ex has denied me my parent-time several times this year. I feel like I should condition my consent to travel out of state upon my ex agreeing that I get make-up parent-time. Does that make sense? Will doing that harm me?
ANSWER: First, this is a great question. To answer it clear: No, stay frosty and stay classy at all times. Do as you would be done by. Don’t let your ex set you up to look like an a-hole.
If your ex asks your permission to go out of state with your child and there’s no good reason your ex should not travel out of state with your child, you respond with something like this:
You asked me earlier about whether you had my consent to travel with Billy out of state, November 1 through _______. I consent. I’m not aware of any reason why I shouldn’t consent. I’m not putting any restrictions or conditions on my consent. Now when I want to travel out of state with Billy I hope you will reciprocate the same way I’ve treated you and your request. Thank you.
If, after sending a note like that to your ex, your ex then tries to withhold consent from you to travel out of state (or tries to inconvenience you or harm you in other ways), your ex will be glaringly and truthfully and inescapably exposed as a hypocrite who acts in bad faith. This is the kind of thing a court would find highly compelling.
Utah Family Law, LC | divorceutah.com | 801-466-9277