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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 36753
Experience:  I provide family and divorce law advice to my clients in my firm.
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I went to trial for a custoday visitation change on 3/26/2013

Customer Question

I went to trial for a custoday visitation change on 3/26/2013 The change in visitation began 3/29/2013, but the court stamped "file" date was 5/16/2013.

1) I am wanting to know if a request for vacation and holiday time that my ex sent to me on 4/20/13 must be honored by me?

The judge abolished all Holidays for us, stating that we each would have holidays when the kids were in our custody and encouraged us to modify the order by mutual cooperation and agreement. My ex is unwilling.

2) Orders state that the parent requesting vacation (2 wks per year) must give the other parent "notice of intent" at least fourteen days prior. My ex's requests were not titled as "notices of intent" but do I still need to treat them as such? Please advise.
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer your questions directly:

1) I am wanting to know if a request for vacation and holiday time that my ex sent to me on 4/20/13 must be honored by me?

The judge abolished all Holidays for us, stating that we each would have holidays when the kids were in our custody and encouraged us to modify the order by mutual cooperation and agreement. My ex is unwilling.

To answer directly, since that request was provided after the hearing (regardless of how the hearing was stamped), it places you in a position where you do have to honor the terms of the decree that the judge put in place. Provided that he made his intent clear, it is a binding request.

2) Orders state that the parent requesting vacation (2 wks per year) must give the other parent "notice of intent" at least fourteen days prior. My ex's requests were not titled as "notices of intent" but do I still need to treat them as such? Please advise.
This goes back to whether or not his intent was clear in the notice. Unless the order so indicates, a 'notice of intent' is not a document that is titled 'notice of intent', it is a document or correspondence that provides you with the other party's intent in this manner. If his intent was clear then you would be responsible to honor it as posted.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 36753
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 9 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Ok, that makes sense. Thank you.

Expert:  Dimitry K., Esq. replied 1 year ago.
Melissa,

Glad to help! Please let me know if I can assist you again in any other way.

Sincerely,

Dimitry, Esq.

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