Somebody Please Help Us

[mightymoose]

It is not a violation of the order to not use the allowed visitation time, however his failure to follow the order could give you grounds to seek modification.
His failure to show up creates a possible hardship for you to plan child care, work, meals, etc. Keep a journal of dates, times, and circumstances when he fails to show for visitation, then use that journal to your advantage next time you negotiate visitation.

 

[leslie82]

To everyone else. He has three days of visitation with her from 9-5. After the beginning of the new year he has begun only utilizing his Saturday's, which is against the court order.

I still would like to know how to delete this thread and thank you all to those who have offered support.

You can't delete it - only admins can delete threads.

He doesn't have to use any of his visitation time - but when he wants it you have to give it to him. So you better hope he just stops all together and after six months of no contact, no child support , etc you can try filing abandonment.

Also no one here can actually give legal advice (see disclaimer below). Only a lawyer you hired you can give legal advice. The best thing is just don't come to this forum anymore if you got the answers you sought.

 

[mightymoose]

but when he wants it you have to give it to him.

To a point.
The children must always be made available at the agreed place and time. If he fails to show up and you have to make other arrangements you are not at his mercy to make the kids immediately available upon demand if he turns up later. You have some wiggle room, but should certainly provide them within reason if able.
This is why keeping a journal of all contact and failure to pick up the kids is helpful... You can later show the hardship it causes you to make last minute arrangements and a need to modify the order in your favor.