I am trying to go on vacation out of state with my daughter, who I have primary physical placement, for spring break.
My ex will not give me the permission I need to leave with her and has threatened to call the police if I do attempt to leave. I've even offered to give her the full information as to where we would be staying, contact information, etc.
Can I still take this trip without her permission?
It is very difficult for me to give you an answer to your question about taking your daughter on vacation without knowing what the physical placement arrangement is between you and your daughter’s mother.
Though you have primary physical placement, you could be held in contempt or she could file an enforcement motion against you if you will be gone during times when she is to have placement during the week you are gone.
Many placement orders have a provision regarding the parents being able to take a vacation of a certain number of consecutive days with notice to the other party. Check your order to see if you have this sort of language.
You should document that you have provided her with the details of the trip and requested to take your daughter with you.
If you do go and she does file an action against you in family court, you can attempt to show that you had provided the details of the trip to her and she was being unreasonable in refusing to let you go.
Please note that there are a number factors that play into the reasonable of a situation, and I cannot advise you of whether she is or is not being unreasonable without more information.
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Trisha B. Festerling is an Associate Attorney in the Milwaukee, Wisconsin office of Cordell & Cordell where she practices family law exclusively. Ms. Festerling’s practice is focused on men’s divorce, child support, child custody, paternity and modification. She is licensed in the state of Wisconsin. Ms. Festerling received her Bachelor of Science degree in Criminal Justice with a focus on Political Science, Magna cum Laude, from the University of Wisconsin – Milwaukee. She received her Juris Doctor from Regent University School of Law in Virginia Beach, Virginia.