Family Law Questions? Ask a Family Lawyer Online.
Thank you for your question.
Going strictly by the language of the MOA, it is difficult to say whether she can send someone other than herself to pick the child up, as the statement is merely that she shall provide transportation. It doesn't say that she should be the person to pick the child up, although that may be inferred. It may be appropriate in this case to seek a modification of the order to clarify the issue.
I disagree that the absence of a right of first refusal clause automatically works to interpret this provision as allowing anyone to pick up the child. However, since the language isn't clear, it could be interpreted either way. If your husband refuses to give the child to the person who picks him up, he could be subjecting himself to contempt charges, particularly given her attorney's opinion on the subject. Unless your husband legitimately fears for the child's safety, he should not deny the pick up.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).