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Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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through court orders, my sons dad gets to see our son every

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through court orders, my sons dad gets to see our son every other wknd (friday nights- sunday) i recently informed him of a family trip i'll be going on (which falls on his weekend); he said it was okay to take my son. We got into an argument last week & now he's telling me i can take my son on my family trip. If i take my son anyway, does this mean im breaking court orders? will this be held against me?
Thank you for your question.

Unfortunately, ff there is no order regarding vacation time that would give you the right to supersede his regularly scheduled visitation, then you would be breaking court order by not allowing the father to have visitations at that time. This factor could potentially be held against you if the father were to attempt to have his visitation rights increased based on this incident.

The father's previous agreement to give up that weekend's visitation rights is not binding because it has not been entered as a court order. However, if you can prove that he agreed to it, that fact may act as a defense if he brings any contempt proceedings. While the agreement was not binding, the argument could be made that you relied on his agreement in making your travel arrangements.

I hope this answers your question. Please let me know if you have any follow-up questions, which I am happy to answer. Once you are satisfied, please kindly rate my service, as that is how I am compensated by the website. Thank you.

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