Legal Question in Family Law in Washington
travel of children out of state not approved by custodial parent
Can my children's father's sister take my daughter out of state during the father's visitation even if I have said that I dont want him to? There is nothing in our parenting plan about this specifically. He wants her to go to NY 5 days before school starts within his 8 wk visit.I have a wed. visitation during that time. I have custody she lives with me although he does have her 8 wks of the summer (which they spend all of it at his sisters) except odd weekends and wed. each week for my visitation.
1 Answer from Attorneys
Re: travel of children out of state not approved by custodial parent
But for your Wednesday visitation, he could take your daughter out of state during his residential time with her, even if you don't approve. (I am assuming that as you said, there are no provisions in your parenting plan prohibiting out-of-state travel without the other parent's consent).
Your father may ask his sister to accompany your daughter during his residential time. However, the father's right to travel to NY does not trump your right to exercise the time allotted to you in the parenting plan (provided that his summer time isn't granted priority), so if he takes "your" Wednesday, he is in violation of the parenting plan.
If he violates the parenting plan, you can seek to have him found in contempt and fined, and you can seek make-up residential time.
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