Co Parenting and International Travel Fears

[14SX190]

Hoping I can get opinions to a personal matter and may be see if someone has or is going through and know about co parenting. May be start a Divorced Dad Thread?
I do not know anyone here personally but since we spend our free time on here helping others with our passion I figured everyone here would be a great source of public opinion on this matter.

Going through some things with ex wife traveling Internationally for 10 days and I am facing Zoom hearing for her Emergency Order for Contempt of the Travel Section of our MSA. I did not give her 1/2 passport on time after our exchange this past Thursday. She filed Emergency order that day and motion was granted for hearing for Monday at 4:30pm.

Not sure if anyone is divorced and shares custody 50/50 or just a parent of 15yo and 13yo can objectively say/see what would you expect if you must come to agreement between significant other. Is it necessary to travel Internationally to Level four Country that says don't come unless you have too. Even if vaccinated you have High risk of infection.
Our sons are not vaccinated yet(other thread) but have tested Positive once during Mom's first half of Winter Break. She is from that country so there is means of support if they can't come back due to testing Positive but I worry about me having to go there if there if there is a worst case.

It opens a can of worms unless we come up with a back up plan as I responded to her "your clock is ticking to come up with a plan" has turned into she feels threatened. Her flight leaves Thursday after we exchange.

So I apologize for the long and detailed narration but it is how it is.

They got Covid during Christmas Break. After seeing them on the 25th for an over night she had tested before exchange instead of everyone(first red flag). I was notified she was Positive later that night to take kids next day while they were still with me on 26th. Exchange was that night at 9pm.
Results came in the 27th and kids come back to me for my half of Winter Break. There was a back and forth on court messaging and I was given option to take kids who are Positive or not for my Half of Winter Break.
I chose too keep them for obvious Dad reasons and try to not get Positive which I remained Negative the whole time. To make matters worse her Father came from there for her first half of Winter Break and passed a month later. Again I'm furious this is going on at Mom's but I have no say. I was given no 3rd option to make up days lost due to them having Covid during her time even after I protested. I would need to fight in court if I want time back she knew that.

Come now she planned to go for 10 days but I am pro active now more than before since Winter Break and she continues to deny 3rd option when I ask her for the "what if scenario" be discussed to avoid can of worms . For weeks she remains silent to what I feel are legitimate concerns regarding their health and return according to her itinerary through the court messaging service. We have a Parenting Coordinator but this is happening too fast as Mom filed EO full of lies I must now challenge.

Am I overly concerned to something so logical as too address my concern to something that has happened once and it happened in US and now you are in another country is not the same. Complications to Covid is not the same and its a big gamble going. Her only reply as of today is that I can take them Positive again but never answers how she left Country for me too do that or acknowledges the obstacles that will change in her fluid itinerary.

Then she also adds in EO to challenge my long fought for "two call" a day to "one" on top of everything else. She has forced my hand to retain my original attorney to her 5th new attorney. Judge made it clear sanction will be given for wasting his time. Its a nail bitter for both sides.

I am fling No fly Motion to squash hers I think is what he is doing.

Am I wrong to want to be reassured. I know the law as she is allowed too travel and I can not file a motion for something that has not happened but I can not wait for them to not be able to return for something we knew could happen and it only affects the one parent isn't fair. All this because one feels they are in the right versus the other.

[HASH=6054]#Divorced[/HASH] Parents Suck

GO.........................

I tried my best to make it easy on the eyes and keep only important details. Punctuation and run on avoided best as possible

 

[14SX190]

Well quess no one had anything to say.
That's great as I hope answer was it was bad idea to fly and so did Judge.

It sucked to get court involved but it was money well spent to keep my kids safe and in United States.

 

[Julian]

Glad it worked out.

 

[Scottintexas]

Well quess no one had anything to say.
That's great as I hope answer was it was bad idea to fly and so did Judge.

It sucked to get court involved but it was money well spent to keep my kids safe and in United States.

Sorry I didn't see your post yesterday, Honestly I wouldn't have been able to add anything other than "do what you feel is right"

Divorce and child custody is difficult, even more so when you can't agree or it becomes combative, glad to hear this round worked out in your favor,
Keep letting the kids know you're working for their best interests, lots of times being ayoung, immature kids they can't see bigger picture and only concerned with "why can't we go to ...." or the other spouse is filling them with their opinions,

Best of luck in the future,
Scott

 

[14SX190]

Its a bitter win but totally unnecessary and she would refuse to see it any other way.

My goal now is to get Judge to accept to award my attorney fees and she went in without one(Crazy). She got sympathy and got off with what she is losing which he ordered me to pay of canceling or changing flight which was $150 my part. Im out 1500 or more and our MSA states "prevailing party and "entitled to recover" if Court were making decision we could not work out.

Judge again has reserved judgement as it was past 5:15 even after I protested and attorney. He was not having it. I won 3yo another motion and he reserved then.....Hopefully this time as I am not letting to of this.

Otherwise do anyone know if I can file small claims on them aas I have MSA which states "prevailing and entitled to recover" I have a chance it being heard. This does not fall under the "American Rule" as I have MSA with contract provision the court is not making its decision on?

Hoping people can enlighten me if any on small claims court

 

[Bluewater272]

Have no experience to share, but this sounds absolutely miserable. Good luck to you.

 

[LakesideLaw]

jurisdiction on your MSA resides in the DR Court - so small claims would not have standing to hear it there. You will have to deal with a motion/order request for fees in DR court.

You did the right thing - too big a risk to your kids getting stuck overseas right now. Luckily you are on the backside of dealing with these issues with having teenagers... only a couple more years. Best of luck .

 

[14SX190]

jurisdiction on your MSA resides in the DR Court - so small claims would not have standing to hear it there. You will have to deal with a motion/order request for fees in DR court.

You did the right thing - too big a risk to your kids getting stuck overseas right now. Luckily you are on the backside of dealing with these issues with having teenagers... only a couple more years. Best of luck .

Wow, thanks for confirming what I thought was possible. Been watching too much tv court shows.

Could you answer one more?

Since I have section/clause of prevailing having entitled re compensation, why and what is process to recover? Are they usually enforced if prevailing party asks for them when Judge reserved judgement? Why reserve judgement? Would making Judge aware of section on fees in MSA would he have to say automatically Yes? Or can Judge deny my motion and over ride language. Why will he say NO if MSA is so specific to who is entitled to recover if prevailing is in there? Because he Can would be a shitty answer, but I know that would be case. Hoping not.

Is equitable Remedies a good argument to sway his answer if nothing above works? She's out 150 bucks vs mine ~2k. I don't know why Judge doesn't see it's or can't see how lob-sighted loss is to either party . It is so one sided as I was financially affected and have proof and she was inconvenienced for our kids Safety. Its Fu**cking Crazy and Mind Blowing. Its out of my hands but fingers crossed he can and does not say NO....

But my kids are safe and its priceless but I can let it go how it easy it is for her to wash her hands and I am again holding an empty bag.
Its never in the cards for her to be held accountable but as long as I never lose the circle will continuing going round and round way past their 18th birthday.

Thanks again for clarification

 

[LakesideLaw]

Equity doesn't play in DR.... You would have to file a motion for attorney fees under the MSA - "prevailing party" is left up to the judge to decide if any party actually prevailed and if fees are warranted. Nothing is automatic. Judge can deny the motion - because he "can" is the exact answer - you can appeal that decision but many times its not worth it. Take the blessing it only cost you $2K to win the fight for your kids safety and move on is the best advice I can give. If the ex makes a habit of forcing these issues to court and wasting court time and fees - usually the habitual abusers of the system get dinged eventually.

 

[14SX190]

Equity doesn't play in DR.... You would have to file a motion for attorney fees under the MSA - "prevailing party" is left up to the judge to decide if any party actually prevailed and if fees are warranted. Nothing is automatic. Judge can deny the motion - because he "can" is the exact answer - you can appeal that decision but many times its not worth it. Take the blessing it only cost you $2K to win the fight for your kids safety and move on is the best advice I can give. If the ex makes a habit of forcing these issues to court and wasting court time and fees - usually the habitual abusers of the system get dinged eventually.

Pretty much where we are at Thank You.

I am hoping Judge recalls this is our 2nd visit and awards me.
Final Judgement has denied mothers motion in bold.

Hopefully it is what we can assume Judge needs time to review facts and weigh his ruling and make award accordingly. My kids are safe.

Thanks again