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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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father is ordered by divorce decree to take child to her dance

Resolved Question:

father is ordered by divorce decree to take child to her dance activities even if it's during his visitation time. If father can't take he is to let me know so I can take her. He is coming to get her today and still won't let me know what he is doing, her last dance competition is this wkd. If he refuses to take her, can I refuse to let her go?
Submitted: 7 years ago.
Category: Family Law
Expert:  Dave Kennett replied 7 years ago.

DearCustomer- The problem with orders like this is that he is not in contempt unless he doesn't perform his duty. Of course that would mean she would miss the competition. If you refuse visitation then you are in contempt so there is no easy answer to the problem. Since the decree is worded that he is to let you know if he CAN'T take then you have to assume he WILL take her. If he fails to do so then you have to file a motion for contempt.


Hopefully he will understand that he is only hurting his daughter if he fails to take her and there won't be a problem. I think your best approach is to tell him how important this is and that if he can't take her that you will pick her up and take her and then return her for her visitation. Until he violates the court order there's nothing you can do.


David Kennett - JD - Attorney at Law


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Expert:  Dave Kennett replied 7 years ago.

If he has a duty to take her and won't then you have no duty to give up Mother's Day in order to take her. That is absurd.



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