I just handled this exact situation in a non-dissolution matter earlier this month in Warren County. We filed for an OTSC with a detailed supporting Certification and it was granted by the Judge.
I think a Court's Order specifically granting the parent permission to travel with the child to the specified destination with dates of travel listed is sufficient, but the Judge also directed the Father to sign a letter of consent. Better safe than sorry.
Good luck.
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Blake W. Rush, Esq.
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Original Message:
Sent: 07-29-2019 10:35
From: Misty Avallone
Subject: Order to Show Cause Questions
Potential client (Somerset County) is in mediation with her husband (no lawyers attending). She thought things were going well, including getting his verbal permission to take their teenager to London for two weeks for vacation this summer. Unfortunately, she did not get written permission, and she bought the tickets, and now husband refuses to give her a letter to travel. Post-separation, every time they have an agreement, husband backs out, which is why we said written agreements are important, but husband wasn't willing to do so. The trip takes place in 2 weeks. Is this worthy of an Order to Show Cause? Or will a Judge not entertain it? We're trying to balance cost of the lost ticket and trip (and wanting to put a stop to the husband's games) with the cost of an OSC. TIA.
Misty
P.S. If it is OSC worthy, would the Judge direct the father to provide a letter permitting the child to travel internationally with the mother, or will the Judge's Order be sufficient for international travel?
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