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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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Can a parent who just had their children on a 5 day ...

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Can a parent who just had their children on a 5 day vacation deny the other parent to see their children the day or two after they returned?
Was this parent allowed to exercise the vacation day on your scheduled days by court order?
Customer: replied 9 years ago.
The divorce papers states that the parties shall confer in advance regardng arrangements to share or split time over the holidays and vacations so each has physical custody of the children approximately one-half of all holidays and an appropriate block of vacation time during the summer. Summer vacations plans schould be resolved by May 1 each year so each party can make arrangements for the upcoming summer. ...
We had always been flexible in vacations and the days and would allow the other parent to see the chidren even for a few hours or we would switch days that week.. However, my ex has become stuck on his days my days even though no court has decided who has what days. I only wanted to see my children for a few hours yesterday or today and the ex refused stating it is his day. I want to know what legal right I have to stop this the next time he does this.
Thank you for your reply.

Only way to prevent this from happening again would be to return to court and modify the flexible vacation arrangment to a specific schedule where the other parent is unable to exercise power and control over your rights to access the children. Since the current schedule is flexible, they are technically not violating the orders, so you won't be able to file a motion for contempt to enforce your rights. Only when there is a violation of the terms, would you be able to enforce through a motion for contempt. But since you say there is no specific terms on vacation and holidays, it is clear the other parent is taking advantage of that arrangement and exercising control.

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