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Will the judge overrule my decision ?

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Anonymous Asked:

I have sole custody of my daughter, and a court ordered access schedule. She is 5 years old. My ex has asked to travel abroad for his wedding, and I am opposed. She has never been with him for more than a 48 hour time period. We also have a right of first refusal in our agreement. Is it likely a judge will overrule my decision?

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A Family Lawyer
6 years ago

The purpose of these blogs are to provide general information, rather than specific legal advice. For example, the court ordered access schedule may include provisions for special occasion access or travel. Assuming that the issue of travel is not otherwise addressed by the court order, I would suggest that there be good reason to deny the daughter the right to travel with her father for his wedding. There may be concerns in relation to his parenting ability to have the daughter for an extended perod of time, and you would need to advance those before the judge. Generally speaking, the fact of the travel abroad is not in itself sufficient to deny the travel. There are provisions in the legislation to address such things as posting security to ensure the child's return and perhaps taking out a bond or something to that extent. One should also be mindful that as a child ages her needs change, and her ability to tolerate longer periods of time from the custodial parent.

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