Re: Sole custody parental decision rights

Whether your ex-husband has the right to allow your children to be with their grandparents during his vistation or to take them out of the jurisdiction without your consent depends upon what your Order states. If you have an Agreement that stipulates what he may and may not do, then that would rule. Now you stated that some things are not in the children's best interests (seeing or staying with your parents). Has the Court ever found that to be true? Or have your parents been found to be involved in criminal or violent or abusive behavior? If that is true, you have a right to say no and he would have to go to Court to change that if he felt he needed to. Otherwise, he could bring them to your parents etc. If he wants to take the children on a trip to Alaska on his vistation (I am assuming vacation), that is fine. Most orders would require that he inform you of their wearabouts but you would not need to give your consent. If you are afraid that he is about to take them away and remove them from the jurisdiction for more than his allotted visitation, you could go to court to modify the visitation and hold the passports etc. However, to modify the Order, you will need to show specific evidence that he is actually doing things that harm the children or that he is ready to flee with the children. If he is stating that he will take the children to Iraq, of course, you would not allow the children to go with him and if he states that he has a right to do so without your consent, of course that is not true. Iraq is is obviously not a safe place to visit and that is common knowledge. Is is common knowledge that your parents are abusive or criminal?

It sounds to me, however, that he just wants to feel he has some authority with his children and can have some freedom when with them. That is an important feeling for any parent and you must remember that. Although you have the custody, he is still their father.

If no order has been made regarding your parents and you are sincerely concerned about the children's welfare if they were with them, you should go to Court and have the Court modify the Order. However, be prepared to give solid evidence as to why they are dangerous for your children.

I hope I have helped you understand things.

Good luck