QUESTION
Can ex-wife refuse my visitation for spring recess based upon me being unable to in the previous even years due to work?
Asked on Apr 12th, 2014 on Child Custody - Idaho
More details to this question:
She seems to think she can email me and say she has plans and I'm out of luck.
9 ANSWERS
If there is a court order stating you get parenting time during a specific break or day(s), despite the fact that you have not exercised that right previously, you have to right to do so this year.
Answered on Apr 24th, 2014 at 12:57 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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The law of the case is what the parenting plan says. If she is in violation of that, regardless of what occurred earlier, you need to go to court on a contempt motion.
Answered on Apr 22nd, 2014 at 9:54 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If it is court ordered and you gave her reasonable notice (at least a week or more) of your intent to exercise your timesharing this time, then she should be required to comply. However, if you didn't give her reasonable notice and you traditionally do not exercise the timesharing, then she may have legitimate grounds for making alternate plans. You may want to talk with an attorney as you potentially have grounds for a motion for contempt and be entitled to makeup timesharing if she unreasonably denied your contact.
Answered on Apr 21st, 2014 at 4:17 PM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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If she refuses to allow your visitation, you can file a rule for contempt. The judge can fine her and/or order her to serve a jail sentence plus pay your court costs and attorney fees if he finds that she's violated the judgment.
Answered on Apr 21st, 2014 at 4:15 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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Both parties are required to follow Court orders unless they agree differently or ask the Court to modify the order. If the other parent is violating the order, you can first ask the police for assistance in getting custody for the spring break. Your next option would be asking the Court on an ex parte (emergency basis) at the beginning of the spring recess for an order for the other parent to bring the child to you or the Court for your visitation period. If the Spring recess passes without your having your visitation, you can ask the Court for future additional custody time to make up for the lost time.
Answered on Apr 21st, 2014 at 4:12 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The judgment or order in effect controls, read it and act accordingly.
Answered on Apr 21st, 2014 at 3:52 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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The court order remains in effect until changed by another court order. So she cannot deny you. But she does not violate the order if you do not show up.
Answered on Apr 21st, 2014 at 3:52 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Can she, yes. Should she, no. If it's not too late you can file a Motion to require her to abide by the terms of the Decree.
Answered on Apr 21st, 2014 at 3:51 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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She shouldn't be able to, but if you did not tell her in advance that you were going to take it, then based on past years, she can at least argue that she was reasonable in assuming you wouldn't be around. You may need to go to court to get the court to make her comply.
Answered on Apr 21st, 2014 at 3:50 PM