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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
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Experience:  Licensed experienced Attorney
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My ex and I have a temporary agreement that states he has access

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My ex and I have a temporary agreement that states he has access every other weekend and two evenings a week. No where is it stated that these weekends include a long weekend. This weekend was supposed to be his weekend and my daughter was supposed to be returned at 7 30 on sunday evening. When he picked her up friday he never asked if he could have the extra day so i came into town (from my cottage) and waited for her return. At 20 to 8 I tried calling and no one answered anywhere. I began to think they were in an accident somewhere. I kept trying and I was about to call the cops when i finally reached him. He said he thought he had the extra evening. He knew he needed to ask permission for the extra day for the long weekend in July so i know that he knew the same applies for this weekend. He had no intention of returning her sunday night or even calling to tell me anything. Furthermore, he had gotten himself a cell phone and never given me the number in case of emergencies whereas the day my phone was hooked up at my new residence I gave him my number. When she finally got home it was 8 45. Do I need to give her on tuesday when he comes o pick her up for his visitation?
Submitted: 5 years ago.
Category: Family Law
Expert:  replied 5 years ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

Generally one parent can not unilaterally modify a temporary visitation agreement without consent of the other parent.

If your ex has violated a court ordered/approved custody/visitation agreement, you might want to file a Motion for Contempt of the Court Order to have the court review the facts and possibly modify/restrict visitation and/or to sanction your ex.

However if one parent simply decides to deny court ordered visitation to the other parent, who might not have complied with the agreement in the past, that parent would be as guilty of contempt as the other parent.

I would suggest that you do contact your local child custody attorney and to have that attorney file a motion for contempt on your behalf.

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