me and my wife are going through a divorce and she has told me that she and her family are taking my 4 year old girl on holiday to Florida on New Years Day ! I said I was not happy with that and she turned round and said it is a once in a lifetime holiday but how can it be they went there last year, I do not want her taking my daughter is there any way I can stop it happening ?
2006-09-04 22:32:25 · 39 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Why have you got a problem with your daughter going on holiday? Divorce is a horrid yukky business and I expect all of you will feel more than ready for a holiday by the end of it. I don't think there is anything you can do to stop her, bar getting an injunction out against your wife to prevent her from taking your daughter out of the country. However, to do that, you'd need a very valid reason......
Don't deny your wife or your daughter their holiday. Instead, why not start planning a holiday for yourself and your daughter, and other things you can do when you're together - and concentrate on looking forward to those times?
All the best.
2006-09-04 22:38:02 · answer #1 · answered by Lily & Stu Too 5 · 1⤊ 0⤋
Your attorney can file an injunction preventing the child being taken out of the state until the divorce is final. I hope that you do two important things, make sure there are specific restrictions on moving, and that you get the child in the event the mothers dies. She can will the child to someone else.
Consider asking for the child to have joint physical custody of the parents, whereby each of you live with the child for 3-6 weeks and you change places.
Check the following Yahoo Group. In the file section you will find a NCFC Manual that will be of help to you. No charge, NCFC fizzled out when it was taken over by a bunch of attorneys. I created the manual, so I now give it away.
Florida is a state where they will yank control of a custody case, even over the objections of the home state. Illegal? Yes, but there are no penalties.
2006-09-04 23:16:17 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You should get your solicitor's advice - you may be able to get a Prohibited Steps Order preventing her from taking your little girl out of the jurisdiction (of the UK courts). Why don't you want your daughter to go? Is there a real risk that your ex will simply not bring her back? For example does your ex have relatives or friends over there with whom she could stay herself or park your little girl while she makes other arrangements? I think it's likely the court would agree to let your wife take your daughter on holiday as long as it thought there was not really any risk of her not coming back, and if you had good evidence that was the case, e.g. if your ex had resigned from her job etc.
You should tell your solicitor in the first instance to tell her solicitor that you do not consent to your daughter going on this trip. You may end up having to let her go but on condition that your wife makes some kind of formal undertaking to the court that she will bring your daughter back within x number of days. If your wife breached that undertaking to the court, she could be arrested and sent to prison whenever she returns to the UK, because it would be contempt of court.
To be really clear on all of these things, you should take advice from your solicitor.
2006-09-05 06:15:43 · answer #3 · answered by Specsy 4 · 0⤊ 0⤋
Well I believe you have the right to take your daughter on holiday too... So propose to your wife that for your holidays with your daughter you will go to Canada... or Messico.. and see what she answers u .. If she says u no well for the same reason you say no to Florida holidays.. If she says u NO problems.. well the same it has to be for u NO PROBLEMS... Of course remind u that the good health and happiness of your daughter comes before anyother thing.. So think carefully why you don't agree that they go to Florida.. are u gelous? are u angry with her because you cannot see ur daughter first day of the year... ? Find out the reasons.. and once you get the answers follow yr heart.. Don't sacrifice yr daughter for Yr gealousy, or angry, or resentment against yr ex-wife.. Children have no faults.. and they have not to pay any price.. for stupidity of parents.. BE CAREFUL!!!
2006-09-04 22:46:13 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Depends on whether in the divorce she has the right to take her that far. I know of several people who divorced that had children that had the distance the child was allowed to leave with the other parent was only within 200 miles. Go to your attorney tomorrow and see what can be arranged. But I will say that unless there is a good reason you don't want her to go or you think she won't be back, what is the problem?
2006-09-04 22:39:13 · answer #5 · answered by 51ain'tbad 3 · 0⤊ 0⤋
From the holiday pov, my daughters were born in Florida and my parents died, I got money, and we spend $1000 on one annual pass for each of the family (5 of us). And it was an experience that none of us will forget. I'm sure a holiday of a week or whatever will be something she will remember. And they went were 4 years old. They loved Dumbo's ride. That is my 2 cents.
2006-09-04 23:35:35 · answer #6 · answered by Valeria 4 · 0⤊ 0⤋
You could always let them go, you haven't said any reason why she should not go except for the fact that you do not _want_ her to.
If you really wanted/needed to stop it you could always conspire with one of her friend's families who know about your situation and they can organise something with one of your daughter's friends (which she might want to go to more).
You could 'lose' your daughter's passport on the day. The advantage of this is that they will also waste the money from the holiday so will not re-arrange for another date.
If you have any elderly relatives you could insist that your daughter go to an event on New Years day as 'you don't think he/she will be around for much longer'.
If you have reason to believe that your child's safety is in jeapoardy then approach the police, who will be able to stop them.
Maybe one of those will work.
The problem with these plans however is that they may become centered on your child, resulting in further upset. Therefore before you intervene make sure that you have your daughter's best interests at heart...
2006-09-04 22:40:00 · answer #7 · answered by fearsome_gibbon 3 · 0⤊ 0⤋
why take it out on the child? Or are you just trying to cause problems for your soon to be ex after all she is the mother to your child isn't she? she has that right to do that as much as you wanting to take a vacation someday with your future girlfriend or wife and I am sure you would want to bring your daughter with you without problems. Just remember what comes around goes around in this world and it just sounds like you are thinking about only your feelings and not your childs in this matter.so you should stop being selfish and start letting your little girl have fun she is only young once.
2006-09-04 22:44:36 · answer #8 · answered by hubbys2ndbest2000 2 · 0⤊ 0⤋
I think your agenda is wrong!
As long as your daughter is happy and you get to see her then why can't she go to Florida.
You should say OK but can I have her for a few days over the Christmas break.
This is not about you and your ex scoring points or winning etc. Don't upset your daughter as at 4 she can feel what is going on and has very simple logic. Why can't mummy take me to Florida?
2006-09-04 22:43:36 · answer #9 · answered by Todd 3 · 0⤊ 0⤋
hmm...this is a hard one. ok i don't think you should stop your daughter going away with her mother to start with, if you do these things i believe that your daughter will only resent you when she is older, however i can tell you are scared that she may not bring her back, i suggest that seek advice from your lawyer in how you can make an agreement for her to be brought back, also get a number etc of where they will be staying so that you can keep in touch while she is away, sorry i can't help more it's really complicated but GOODLUCK and be careful, your daughter knows more about whats going on than you will know, kids can sense these things.
2006-09-04 22:38:45 · answer #10 · answered by xhoneybeex 3 · 0⤊ 0⤋