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Father was scheduled for winter break from wed at 6pm till…

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Father was scheduled for winter...
Father was scheduled for winter break from wed at 6pm till Christmas at noon( in our parenting plan it states that each parent shall wait 30 min at pickup time). Father contacted me day before pickup and said he had gotten a call out for work and would not be able to take our child for break. Father contacts me yesterday afternoon saying work canceled and now he wants our child. I’m I obligated to send child?
Submitted: 7 months ago.Category: Family Law
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12/22/2017
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
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Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

Good afternoon. Did you make any other plans with the child? What is the issue with allowing the father his time? I know he had a work issue but if he was acting in good faith and now can see the child, is there an issue with it?

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Customer reply replied 7 months ago
we made other plans already, and I have no issues with allowing some time next week while child is on break
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

Thank you for the reply. If you relied on this and made other plans, you can advise the father of the same. At the same time, you can also offer him to have the child once those plans are done, if they will occupy the fathers entire time. The burden would shift to him to take you back to court and argue that you are in violation of the parenting plan by not allowing him to see the child. However, you could argue that once he advised he could not have the child, you made plans and advised your son of the same so wanted to continue with those, as a result. If the plans you made will take up all the time that he was supposed to have him you can see if this can be resolved be giving him time next week.

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Customer reply replied 7 months ago
would I be in contempt for not allowing father to pickup at different time,
Customer reply replied 7 months ago
Also with the intentions of offering time next week
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

The parenting plan will control so there needs to be a basis as to why the father is not allowed to have his time with the child. If he should have him now until Monday and you do not have plans which prevent this, the child should be with him. It would be one thing if you went out of town once he told you about this but if the child is with you at the house, he can see him and you can also allow him to make up any missed time. I understand if you want him with you over the weekend and on Christmas but it is the fathers time so there needs to be something going on to prevent this, as a result of him originally not being able to see your son because of work.

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Customer reply replied 7 months ago
Ok, but we do have plans to made and paid for a our son to now join us, so with that being the issue, would I be in contempt?
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago
What are the plans? Do they occupy from Wednesday until Monday?
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Customer reply replied 7 months ago
we are visiting with family and purchased a ticket for our son in the train, plus a ticket for him to join us at the ballet.
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

I think he could attend those events but be with the father the rest of the time. You could also ask for the father to reimburse you for the tickets, if this was an issue but it does not appear that those two things would occupy the entire time until Monday unless you are going out of town. I think outside of the two events the father could have a valid argument to make, I am sorry to say since you are in town.

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Customer reply replied 7 months ago
Would I be found in contempt?
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago
You could be but it would be at the discretion of the judge. What you shared above does not necessarily prevent the father from seeing the child. You could likely take the child to the show and train but the other time the father has a legal right to him.
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Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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