New York Non custodial dad wants to take 10 yr old on vacation in Mexico in August 2011. Mom states, no. period. Divorce agreement states dad needs to request permission to take child out of state and she cannot unreasonably refuse. The county we live in offers mediation through the probation dept. Would like to avoid hiring attorney as it turns nasty with mom based on previous experience. Would like to avoid stressing child. What is best course of action?

Is there a trust issue going on? He will need further documents for taking the child out of the country and back again. Does the child have a passport? Its not like it used to be.

No trust issues at all. He does everything to the letter and doesn't makes waves. I think it is a power issue to be honest. She herself takes the child to canada often and has travelled to Hawaii. She is also allowing the child to travel to Kentucky on an airplane with several other kids the same age for summer camp. I know that passports are required and depending which avenue taken that issue would be addressed, requesting cooperaton to get the proper documents signed by both parents. Just want to be able to take her. She knows we've gone to mexico several time & has asked to go too.

If there are no trust issues then this should be a non issue. He will have a schedule to stick to and so long as he meets it there shouldn't be any problems. If he needs to and goes to court with it and all things stated as you have said there is a good chance the judge will laugh her off and allow it even if she doesn't like it.

Time for a visit to court and actually get the terms modified, so that he has freedom to take the child where he wishes during his visits periods