If there is an order in the custody agreement that says he can't take her out of state without consent of the ex-wife, then legally she can file a grievance with the court, or call it kidnapping but if she gave consent then changed her mind, I doubt a judge would file charges against him. Sorry that is such a hard situation. It depends on what you think she will do.
If it is not in the custody agreement, then there isn't anything she can do except add it in for next time.
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Question
Submitted 377 days ago...
Joint Custody and Traveling with your child
My boyfriend and his ex wife have joint custody of thier 2 years old girl. Weeks ago he asked if he could take her back to his hometown for New Years to see his family. She agreed so we purchased the plane tickets. It is now the day before we are suppose to leave and she is telling us that we cannot take her. Legally, can he take her for a couple of days or what will happen if he does?
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Answer 1 / 2
Submitted 377 days ago...
Answer 2 / 2
Submitted 376 days ago...
You have to go with whatever your paperwork says...if she had to be notified verbally then that should be okay. If it had to be in writing and you didn't do that....then no you cannot. If there is nothing in there regarding out of state I believe you can have up to 3 days out of state without any problems.
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