When Your Ex Is Disrespecting Your Custody Agreement

Question

We have joint custody. I don’t give him permission to take my daughter (11 months) out of the state. Is he able to do that? Currently, we have joint custody. The father of my daughter has her two days a week. She is 11 months old and I’ve repeatedly told him that I do not give him permission to take her out of the state. But he does not care and has done it anyway without giving me details of the trips. Is he able to do that and what can I do to stop him?

Answer

If you are not receiving notice of the itinerary of travel, I would send him an email with Utah Code Section 30-3-36 and request this information and notice. Your question suggests a bigger problem than no notice. For joint custody to work best parents should have a way to communicate important information. Running back to court on a contempt action under Utah Code Section 30-3-36 to resolve these types of disputes is an option, but it would be very expensive.

This would be a good issue to discuss in mediation where you raise your concerns about travel and communication and he can raise his concern that you don’t put restrictions on what he does with his parent time. Both are legitimate positions to take. Mediation would also be a good time to discuss a framework for the two of you to resolve differences in a compromising way through email discussions or a less formal way than mediation.

Cameron JohnsonWhen Your Ex Is Disrespecting Your Custody Agreement