visitation agreement

[kay2b1g]

My ex husband and I entered a vistitaion agreement when he lived about 2hrs away from my home he now lives states away and it is about a 20hr drive he has now decided that our agreement for every other holiday means that he gets the kids for the entire two weeks they are out of school. I feel it only means that he gets them for the actual holiday which would mean christmas day not the full two weeks am I wrong or does he get them the whole two weeks???

 

[WhirledPeas]

By "visitation agreement" do you mean a parenting plan that was signed by both of you and filed with the court? If so, that document is now a court order and is enforcable as such. Until a modification has been legally filed with the court (which should happen considering the change in circumstances) the current document stands.

The wording on the document doesn't change simply because he moved. And he doesn't get to interpret grey areas, if any exist. You can let him know that obviously the parenting agreement needs to be updated and perhaps first try talking it over with him before moving on to mediation. If you do decide to be flexible about the winter break (because it's likely too late to get anything worked out in court beforehand), I suggest getting any temporary changes to the parenting schedule in writing via an agreement between the two of you that he can take the kids from x to x and will return them at x time. Define travel plans, etc. Both sign it, maybe get a witness depending on your level of trust with one another.

 

[Duranie]

Until the agreement gets modified in court the current agreement stands. However since he lives so far away he is probably going to be granted longer visits. Generally he might get half of every school break. This is how it works with long distance visitation. You cannot expect that he wil do all that driving (if he is the one that moved) or flying and only see the child for 1 day but until it gets modified in court he is stuck with it.

Who was the one that moved?