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LegalKnowledge, Attorney
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My ex husband said on Thursdays he wasnt taking the kids for

Customer Question

My ex husband said on Thursdays he wasn't taking the kids for his holiday. At midnight Friday night he texted saying he wanted them on
Monday (no time given) he messaged today at 11:30 asking if they went awake yet, I stated pick up was 6pm (that's our normal pick up time).., am I in contempt of court?
Submitted: 4 years ago.
Category: Legal
Expert:  LegalKnowledge replied 4 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. What day/days was he supposed to have the children? Did you make other plans with them, after he said he was not going to exercise his rights? When are the children due back to you?
Customer: replied 4 years ago.
His "holiday" was Thursday at 6pm until today Monday at 6pm, yes we had things we needed to do today.
Expert:  LegalKnowledge replied 4 years ago.
Thank you for the additional information. For you to be held in contempt of court, he would first have to file a motion with the court, bringing you before the Judge, to explain why you did not release the children to him, as requested and ordered by the court, according to the visitation schedule. You certainly would have a valid argument to make, if he clearly said he was not taking them and then you proceeded to make plans, for Monday ( today). Moreover, if the court order requires he take the children for the entire time period ( holiday weekend) and he fails to do so, he could have waived his ability to get them today. I doubt the court order allows him to pick only certainly days to take the children, when he is supposed to have them for a set period of time, so he certainly may be in a position, based upon the current time today, along with his decision to not take them over the holiday, to not get the children as requested. In addition, he should have provided you with a time for pick up, as you have no obligation to just wait around for him to get them.

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Expert:  LegalKnowledge replied 4 years 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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