out of country? vivistation...ex says no

[nast]

What is the name of your state? va, but case is in MD

I am moving to japan, as my wife got orders, however my ex, who has custody of the child, where as i have vivistation, says she will not give me visitation while i'm "out of country", but living on a military base....

What are my options, i don't htink i'm asking for much, i just want her during the summer months.

do i just need to let the court decide?

 

[SMURFEELAW]

What is the name of your state? va, but case is in MD

I am moving to japan, as my wife got orders, however my ex, who has custody of the child, where as i have vivistation, says she will not give me visitation while i'm "out of country", but living on a military base....

What are my options, i don't htink i'm asking for much, i just want her during the summer months.

do i just need to let the court decide?

Do you have any visitation order?

And if you want something to be able to hang your hat on YES let the Court work it out or get a signed agreement with your ex (sounds doubtful this could happen) and get that agreement signed by the judge.

 

[nast]

i indeed do have a current visitation, i'm just curious as to what i can look to except from the court....will they grant me vivistation?

 

[LdiJ]

i indeed do have a current visitation, i'm just curious as to what i can look to except from the court....will they grant me vivistation?

The court may provide for the child to visit you in Japan (depending on the age of the child) however you will need to be 100% prepared for all transportation costs...including the cost of two round trip tickets for you to pick up and return the child. (unless the child is over age 14 and legally allowed to travel internationally without being accompanied by an adult).
Make sure that your finances can handle that.

 

[VeronicaGia]

Or the child can travel with the help of an airline person for an extra fee, depending upon the child's age. Call the airlines for their guidelines.

 

[BelizeBreeze]

Would anyone like to tell me what's wrong with the following statement before continuing this discussion?

says she will not give me visitation while i'm "out of country", but living on a military base

 

[LdiJ]

Or the child can travel with the help of an airline person for an extra fee, depending upon the child's age. Call the airlines for their guidelines.

I am not sure that is accurate, internationally. I read somewhere recently that the child has to be accompanied by a parent or an adult with "power of attorney" status for the duration of the trip. I wish I could remember the details more fully but these seem to be new rules imposed by the airlines for liability reasons.

 

[tigger22472]

Would anyone like to tell me what's wrong with the following statement before continuing this discussion?

are you getting at the fact that being on a military base he's actually on American soil or the part that she won't LET him have visitation?

 

[LdiJ]

are you getting at the fact that being on a military base he's actually on American soil or the part that she won't LET him have visitation?

Lol...I thought it was the "give me visitation" part of the sentence that he was referring to.

 

[BelizeBreeze]

DAMN WOMEN!!!!

Can't shoot them and you can't leave them standing on the street alone.

The child will still be on U.S. soil, still subject to the jurisdiction of U.S. law.
Tell this freak that if the child isn't sent on visitation you will file an immediate show cause for contempt AND a motion to show cause for sole custody.

 

[stealth2]

Lol...I thought it was the "give me visitation" part of the sentence that he was referring to.

And I'm still boggling over "vivistation".

 

[LdiJ]

DAMN WOMEN!!!!

Can't shoot them and you can't leave them standing on the street alone.

The child will still be on U.S. soil, still subject to the jurisdiction of U.S. law.
Tell this freak that if the child isn't sent on visitation you will file an immediate show cause for contempt AND a motion to show cause for sole custody.

Come on Belize, we all know its more complicated than that. There is the financial aspect...the timing aspect etc. Obviously his existing orders won't be enforceable because HE won't necessarily be able to exercise them without changes (Example, with crossing the international dateline both ways and the length of the trip there is no way dad could exercise eow or any visitation period that was less than a week...and even that might not be feasible). If the children don't have passports their mother's approval would also be required for that..... or a judge's orders for her to sign the documents. Yes a military base or embassy are still US soil, and subject to US jurisdiction, but many military families overseas don't actually live on the bases...but rather "on the economy"...which brings the host countries laws into play.

Unless the child is very young mom probably can't stop dad from having at least some summer visitation in Japan. However realistically, without mom's agreement this guy need to make a trip to court to get temporary orders written for the period he will be living there....AND he needs to be prepared to be fully responsible for all costs associated with the travel....AND if the child is very young the judge could say no....judges HAVE.

 

[BelizeBreeze]

And until the order is changed the kid goes on visitation. PERIOD! Or are you now abdicating contempt because of distance? I'd like to see you argue that in front of any sober judge.

 

[jslopez711]

DAMN WOMEN!!!!

Can't shoot them and you can't leave them standing on the street alone.

The child will still be on U.S. soil, still subject to the jurisdiction of U.S. law.
Tell this freak that if the child isn't sent on visitation you will file an immediate show cause for contempt AND a motion to show cause for sole custody.

BB, what if the child makes a transfer somewhere out of the country, Tokyo to go to Okinawa? The child would deboard and board in a different country no? Or is it the old destination thing?

 

[LdiJ]

And until the order is changed the kid goes on visitation. PERIOD! Or are you now abdicating contempt because of distance? I'd like to see you argue that in front of any sober judge.

And we both no that no parent can legally remove a child from the US without the express approval of the other parent. Despite the fact that the military base is considered to be US soil the parent would STILL have to remove the child from the US to get there. It takes a passport to get to Japan. Even IF the eventual destination is a military base.

Therefore Belize, I would like to see YOU argue in front of any sober judge that dad can take the child to Japan without the express approval of the mother or a judge's order. Heck...a parent can't even take the child out of the country for a vacation without the other parent's approval or judge's in most circumstances.

Yeah, unless the child is very young dad is going to get the judge's approval. However until he does no passport is going to be issued....and there is no absolute guarantee that he will get that approval. So, in your vernacular...until dad takes it back to court and a judge says otherwise, mom can tell dad to "pound sand".

Whats more, you and I BOTH know that no judge anywhere is going to give an ncp "sole custody" because the CP refuses to allow overseas visitation without a court order.