My ex-spouse refuses to amend the schedule and allow me to take our child on vacation. What can I do? Posted onMay 17, 2019September 30, 2020/ John P. Schuman Taking the children away on a vacation is a frequent source of conflict after separation, and is the subject of many Family Court motions. The non-travelling parent may be jealous, or may worry that the trip could give the travelling parent the advantage of having a better relationship with the child. Judges, on the other hand, are less concerned with these factors and are instead focused on deciding whether or not the trip is in the child’s best interest. If the parents have lawfully separated or divorced, a Separation Agreement or Divorce Order is likely already in place to stipulate to the custody arrangements. A typical Separation Agreement or Divorce Order contains detailed information pertaining to the precise days and times the children are to spend with each parent. That being said, Judges will generally allow changes to the parenting schedule to allow a child to go on a vacation. What do you do when a parent unreasonably refuses a travel request? Unfortunately, it may be necessary to go to family court if one parent continues to unreasonably refuse to allow the other parent and child to travel. One advantage of going to court were the judge to be sufficiently dissatisfied, the resulting court order may dispense with the need to obtain travel consent in the future. Nevertheless, if the trip is looming, it is best to obtain legal advice specific to your situation. Getting proper advice will give you the best possible chance of the vacation going ahead as planned. For assistance with a divorce or separation, contact certified specialist in family law, John P. Schuman of Devry Smith Frank LLP. He is the partner managing the Family Law Group at DSF, a full service law firm. Contact him directly at 416-446-5080 or email john.schuman@devrylaw.ca “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” Authors John P. Schuman 416-446-5080 416-446-5080 john.schuman@devrylaw.ca Related Posts Posted onApril 13, 2020September 30, 2020/ Katelyn Bell and John P. Schuman “COVID-19 cases are on the rise in Ontario. Do I really have to facilitate my ex’s access time with our kids?” The amount of COVID-19 cases in Ontario continues to increase. As of April 10th , there are more than 6,200 confirmed cases of the coronavirus in the Province, with the majority of cases in the Greater Toronto Area – Global News Since this pandemic began, the Canadian Government has been urging Canadians to do one [...] Read more Posted onMay 28, 2019September 30, 2020/ John P. Schuman My estranged wife is denying me access to our baby. She refuses to communicate with me and I am yet to meet our new-born child. Is there something I can do? Ontario Family Court judges generally have a very dim impression of parents, mothers or fathers, who deny their children the opportunity to have a relationship with both parents. Section 16(10) of the Divorce Act requires that judges give children of married parents the maximum possible contact with each parent that is consistent with the child’s [...] Read more Posted onJanuary 31, 2018July 7, 2023/ John P. Schuman What Happens When Your Child’s School Registration Form Contains False Custody Information? Family and Education lawyer John Schuman was asked the following question: What are the legal penalties for someone who has filled out an Ontario elementary school registration form with false information concerning a court child custody order? John’s Answer: This question is a good one because it touches on the intersection between schools, parents, kids [...] Read more Posted onJune 8, 2017June 24, 2020/ John P. Schuman Determining Summer Custody Schedules with Your Child(ren)’s Best Interests in Mind For many separated families with school-aged children, summer can be a challenge. A written agreement or court order that sets out summer access with the children makes the season a lot less challenging, but for many families, such formalities are not in place. With regards to those families without order or agreement in place, the [...] Read more Posted onFebruary 28, 2017June 18, 2020/ John P. Schuman My Boyfriend Has Been Denied Access to His Son. Can He Fight for More Rights to Him? My boyfriend’s ex-girlfriend had his son in late November 2016. He is unable to see his son often and she won’t allow him to have him alone as she doesn’t think he can care for him. There is no paperwork in place yet but he’s worried she will ruin his life if he does not [...] Read more