How to Stop Your Former Spouse from Traveling to High-Risk Areas
Cruises are all but nonexistent as cruise ships are considered some of the most dangerous places to be right now. It is hard to imagine that anyone would willingly travel to any of these places, or any other, for that matter. However, sometimes people still want to go, or have to travel for work, family, and other essential reasons.
So, what if your former spouse is one of them and wants to take your children along? When this is the case, or when there is ever a location that is considered high-risk, it is important everyone knows their rights when it comes to a former spouse that wants to travel with children.
Your Divorce Decree Might Prohibit It
If your former spouse wants to take your child to a high-risk area, you should first check your divorce decree. While it will not mention coronavirus specifically, it may have provisions about taking your child out of the state or country. If the final judgment does limit the places your former spouse can take your child, but they are going to ignore it, you can petition the court so a judge can enforce the order.
If neither your final judgment or final order has any provisions about where your former spouse can travel with your child, or when, you can try negotiating with your former spouse. They might not have realized that a specific area was particularly dangerous, or that you would feel so strongly about your child going. Many spouses do not think their former spouse will be willing to negotiate with them, particularly if the divorce was bitter. They are then surprised to learn that their former spouse is more willing to negotiate than they thought. If you and your former spouse do negotiate a new parenting plan, you will need to ensure that it is reduced to a court order.
Take it to Court
Many courts in Florida have released Administrative Orders that deal with how to handle timesharing issues during the coronavirus pandemic. Before going to Court, you should reference your Court’s administrative order as it will provide guidance on how the Courts are handling these issues. If the Court has not issued an administrative order directing how to handle timesharing during this time, and your final judgment or final order does not say anything about travel, and your former spouse is not willing to negotiate with you, you might need to seek a modification. If you can convince the court that travel would pose a real danger to your child, a judge may modify the order to prevent your child from going.
Our Florida Family Lawyers can Help with Your Case
It is extremely difficult any time your spouse wants to travel with your child to a place that causes concern. Although you can petition the court to stop the travel, you should not do it alone. At O’Mara Law Group, our Orlando family lawyers can help. We will present your case to the court and make arguments that will give you the best chance of success. When you have a custody issue, call us at (407) 634-6604 or contact us online to schedule a meeting with one of our attorneys.