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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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In our divorce papers says that we can ask for 10 days vacation

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In our divorce papers says that we can ask for 10 days vacation every year with our son individually, we need to ask 30 days in advance. I asked this to my ex-wife and she does not want to do it. I sent her a written email and she does not want to do it still I sent her more than 30 days in advance. How can I enforce this without her throwing me the police cause I have him on her days?
Submitted: 5 years ago.
Category: Family Law
Expert:  Dave Kennett replied 5 years ago.
DearCustomer- The police will not get involved in visitation disputes and she would have to file a motion for contempt which I doubt would be considered so long as you have proof that you complied with the divorce decree and submitted your request prior to the 30 days. She is actually the one who is in contempt if she refuses the visitation and you can file a motion with the court for contempt against her. The police will only get involved if there is a clear violation of law, not some difference in opinion over the meaning of the divorce decree. So you can certainly exercise your right to visitation and vacation without the fear of the cops being involved. The police consider these situations a civil, not criminal in nature, which they are.
Customer: replied 5 years ago.
What about if she picks him up from school earlier than me and comes to my place to make a drama?
Customer: replied 5 years ago.
Can I call the cops and go get my son?
Expert:  Dave Kennett replied 5 years ago.
No, as I said the cops will not get involved in visitation disputes. You can file a motion for contempt and have the court issue an order to turn over you child. The mother can also be fined and if she disobeys the court she even could be jailed.
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