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Ask The Lawyer By: Daniel A. Gwinn, Esq.

| April 25, 2016

Dan Gwinn New Head ShotThis week’s question: Do I have to let my ex-spouse take my children on vacation?

QUESTION: My ex-husband and I were just divorced this year and share custody of our children. We each get the children for 3 weeks in the summer for vacations.  He wants to take the children to visit his relatives in India during his 3 weeks.  I don’t want them to go.  Do I have to let him take my children to India?   I want to take the children to California during my 3 weeks.  Do I need his permission?

ANSWER: The first place you must look to is your Judgment of Divorce to see exactly what the provisions regarding parenting time say about travel. Since 2013, Michigan’s Child Custody Act of 1970 requires that judgments of divorce include a provision prohibiting the exercise of parenting time in a nation that is not a party to the Hague Convention on the Civil Aspects of International Child Abduction unless both parents provide the court with written consent to allow the parenting time. India is not currently a party to the Hague Convention therefore both you and your ex-husband must agree, in writing, that the children may travel to India.  As for your travel to California, you must refer to your Judgment of Divorce for guidance.  An attorney can help you determine what is required in your Judgment and any steps that must be taken to help you achieve your goals.

The lawyers at GWINN TAURIAINEN PLLC are experienced attorneys and are happy to answer your questions. Give us a call for a free initial telephone consultation about your legal needs. For consideration of your questions in our web column, please submit your inquiry on the “Contact Us” page of our website at www.gwinntauriainenlaw.com.

ASK THE LAWYER
By: Daniel A. Gwinn, Esq.
Attorney and Counselor at Law

GWINN TAURIAINEN PLLC
901 Wilshire Drive, Suite 550
Troy, MI 48084
(248) 247-3300
(248) 247-3310 facsimile
daniel@gwinnlegal.com
www.gwinntauriainenlaw.com

Fun Facts
The name for Oz in "The Wizard of Oz" was thought up when the creator, Frank Baum, looked at his filing cabinet and saw A-N, and O-Z, hence "Oz."

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