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Good morning. Can you just clarify for me the situation, so I fully understand? You shared he is refusing to allow you to pick up the child until 3pm but you shared that he has him from 3-9pm, so I just want to make sure I understand the times and the claim that he is making, that you are not entitled to your son.
Thank you. Allow me a moment
Thank you for the additional information. If the child's birthday takes precedence and would allow for shared/split time today, then you would be entitled to your time with your son. By that, I mean he would be able to have your son from 3-9pm and while it is presidents day and his day with him, it would not trump or take presence over the birthday visitation, which you are entitled to. If the court order is clear, you can contact the police and see if they would accompany you to his home, to pick up your son and then return him, at 3pm. If they will not get involved ( since they may claim this is civil), then you would need to likely file a motion with the court, seeking to hold him in contempt, for violating the court order and not allow you the shared time with your son, on his bday. While I understand his argument ( i.e. that it is his day with the child,) you explain that the birthday controls over the date, so you would be entitled to your time as well. You should not physically take the child away, so if he refuses to turn him home or the police do not get involved, the court would have to step in.
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