I have sole physicial custody of our children 7 and 9. I made the mistake of asking my ex-husband if I could take the kids to Disney in April with my father. I only asked because it was something we both said we wanted to do with the kids. He has come back with a yes with provisions...one, I have to cancel the PPO against him. (Last year, he threatened to stalk me and the kids) and I have to give him a week of vacation time with the kids. Can he legally do this? Do I have any recourse?
2 Answers from Attorneys
You normally don't need his permission to take your children on vacation (unless a judge tells you something else.)
You must abide by whatever the last order says in your case. If he has parenting time during any point during your prospective vacation, then you will have to go to the court and ask for permission to rearrange the parenting time for that period of time. Otherwise, if it is not in a court order, he cannot do it. http://www.wolverinelaw.com