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Am I doing the right thin-legally?

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rodeoflower

Junior Member
What is the name of your state?WA and AZ

I moved a couple months back from WA to AZ (ex signed of on motion agreeing with move). My ex lives in ID (moved from WA). When I moved I filed a new parenting plan to change the visitation schedule. My daughter just turned five. My ex is supposed to get my daughter for a week at Christmas. Our parenting plan states that providing he pays consistant child support that we will split the cost of airfare. I have been asking him for the last month to start discussing arrangements to get her there. I advised that since she is so young and doesnt like large crowds that we fly her off peak during thanksgiving. While he has been humming and hawing at that he suddenly informed me that he doesn't know if he is remaining in ID or returning back to WA as he and his girlfriend are breaking up. I advised him that I am not willing to send our daughter there if his relationship or whereabouts are unstable as it is not a secure environment for my daughter (she has rarely been away for me for any length of time so she is usually pretty timid and easily upsets). He agreed to some degree. He isn't sure if he they do break up (she is considering counseling) if he would move before or after the Spring thaw (he has to cross to mountain passess to get back to WA). I advised that even if they are going to counseling, I don't believe that it would be best for my daughter to be there until they either break up or figure things out. Again he agrees. I suggested we postpone the visitation to Spring when he is more stable and the weather is better ( I Don't like the idea of my baby flying in the winter). He is not a constant force and even when we were in the same county he utilized less than half of his scheduled visits. In the last year she has seen him twice. ( I only moved out of the original county a month and a half ago almost two....)

My question is that currently he is agreeing with me. Can he try to bring contempt charges against me later if we've agreed to wait till spring? What can I do to protect myself and show the judge that my decision was purely in what was best for our daughter. My ex constantly says he's been screwed and tries to play the victim. He takes things and twists them to work for him every chance he gets. He can't be trusted and has no ties to the state he lives in with the exception of the girlfriend. If she kicks him out and my daughter is there, he'll take her and I won't know where she is. As custodial parent though, am I violating his rights by trying to protect her? I don't want to do that. Can someone advise? Thanks
 


Your best bet is to plan to have your daughter go on Christmas break, as ordered. Otherwise, you run the risk of being found in contempt. Besides, what if he changes his mind? Better to make the flight arrangements now, unless you can get the court order changed in time.
 

rodeoflower

Junior Member
stealth2 said:
So how are you going to prove he agree with the change?

I have I have the emails I send bcc'd to me and I have his replies. Its his responsibility to arrange the flight this time around as he must pay his share. (We book flights as one way only, so I book the return flight and pay for that and he books to the flight from here to there and is responsible for paying for that. We have a stipulation that arrangements must be made 45 days prior to the travel date. But is it enough? I just want to be sure I have the bases all covered.
 

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