QUESTION
Being kids are doing remote learning, does that apply to the court document that states I can’t have my child for a vacation during school days?
Asked on Nov 17th, 2020 on Child Custody - California
More details to this question:
Hi! My ex and I have a written rule that we can take 2 vacation weeks out of the year with our daughter as long as we do a 20 day request in advance and on our custodial weekend and not while the child is in school. I requested to have her on 12/16, which is my Wednesday, and extend it to my weekend 12/18-12/20. I would only be adding Thursday 12/17 and the morning of 12/18 to my custodial weekend as my vacation week with my daughter. Unfortunately my ex denied my request, as usual, because she says that it can’t be during school days. I replied that I can accommodate the at home zoom classes she takes for her 1st grade curriculum. She’s not in school being she lives in LA. They’re at home classes and she’s still denying me seeing my daughter. Is there anything I can do about this?
1 ANSWER
Probably not. Of course, you can file what is called an ex parte request in court. An ex parte request requires irreparable harm. One judge explained to me: If there is an airplane getting ready to leave LAX with a child on it that breaks a court order, then she would grant custody on an ex parte basis. In other words, you would have show irreparable harm to your daughter to not go with you??
Answered on Nov 18th, 2020 at 8:50 PM