Visitation

[Randy_Conklin]

I have sole legal and physical custody of my children. Our visitation agreement states that my ex has up to 2 weeks vacation time with them. I did not agree with the 2 weeks that she requested from the beginning. I'm not saying she can't take them. The 2 particular weeks she chose are no good. My eldest son's birthday falls within that time frame and both boys are enrolled in 7 weeks of summer camp which was a birthday present to both of them from my father.
Does she have the right to take them even though I do not agree and they would miss camp which has already been paid for and they both want to go to camp? She is unemployed and she can have any 2 weeks she wants after camp ends.
If she takes them for her normal weekend visitation and does not bring them back, is it considered kidnapping even though it would fall on the original 2 weeks she requested that I NEVER agreed to?

 

[irish223]

I have sole legal and physical custody of my children. Our visitation agreement states that my ex has up to 2 weeks vacation time with them. I did not agree with the 2 weeks that she requested from the beginning. I'm not saying she can't take them. The 2 particular weeks she chose are no good. My eldest son's birthday falls within that time frame and both boys are enrolled in 7 weeks of summer camp which was a birthday present to both of them from my father.
Does she have the right to take them even though I do not agree and they would miss camp which has already been paid for and they both want to go to camp? She is unemployed and she can have any 2 weeks she wants after camp ends.
If she takes them for her normal weekend visitation and does not bring them back, is it considered kidnapping even though it would fall on the original 2 weeks she requested that I NEVER agreed to?

What does your court order say about summer visitation? Is she entitled to choose her 2 weeks or must the two of you agree on the 2 weeks?

If she is allowed to choose and she followed the terms of the order regarding notice, then she is entitled to have them even if it falls during summer camp, and even if you don't agree.

It is not considered kidnapping if she fails to return the children during that 2 weeks. It MAY be contempt if your order requires that you both agree on her 2 weeks.

 

[Randy_Conklin]

The court order says each parent will be entitled to 2 weeks vacation during the course of the year, on 60 days prior written notice to the other party, not to interfere with school, and the notice should include an itinerary where the children can be found, and a telephone number where they can be reached during that time.
2 paragraphs down it says: The parties may make such changes to this visitation as they can mutually agree upon. Should the parties have a visitation issue between them that they can not resolve, they have agreed to avail themselves to the Resolution Dispute center...

1) She sent me her vacation notice in an E-Mail - so I'm not sure if that's adequate written notice. I've always hand delivered her written notice. Also, she never provided itinerary or #'s where they could be reached. (I almost never have phone access to them when she has them - she's very spiteful).

2) Her vacations are not to interfere with school, but I'm assuming summer camp is sort of the same. It is a girt from their grandfather for their birthdays and this camp is a pay by the week basis - it's completely paid for and the boys are very excited to go.

They told her what they wanted to do and she refused to talk to them about it. She said that she would bring them to the fun outings that the camp was going to bring them to, but their response was that they wanted to go with their camp friends.

3) If I was fearful that when it comes time for her weekend visitation that she was NOT going to return them home, would I be in violation of a visitation order to keep them home to prevent such a situation from occuring?

Thank you in advance.

 

[luvsspike]

My custody order also stipulates a two week vacation w/written notice via certified mail. I would say that the mother has control of the situation if the legal language of your order is how you quoted it. It is a shame that she's not taking into consideration what your sons want but it seems like it's probably her choice. Pehaps the mediation is something you should look into now beofre summer is here.

 

[Duranie]

Email is totally acceptable communication. If your kids are in summer camp for 7 weeks then how is your ex going to get her 2 weeks? Most summer breaks now are not even more than 8 weeks or so. If she gets first dibs on her 2 weeks, then you have to comply at her request but it is unclear the wording of your order. Summer camp is not considered school. So basically it sounds like you ar echoosing her 2 weeks for her which probably will not fly with the courts. Before you enroll them in summer camp you have to remember there is another parent here and she gets a summer visit.

 

[Randy_Conklin]

Email is totally acceptable communication. If your kids are in summer camp for 7 weeks then how is your ex going to get her 2 weeks? Most summer breaks now are not even more than 8 weeks or so. If she gets first dibs on her 2 weeks, then you have to comply at her request but it is unclear the wording of your order. Summer camp is not considered school. So basically it sounds like you ar echoosing her 2 weeks for her which probably will not fly with the courts. Before you enroll them in summer camp you have to remember there is another parent here and she gets a summer visit.

The ex is unemployed (again) and can take her vacation at ANY time. They will still have a few weeks off before school begines again and after camp ends. There is no reason other than spite that she HAS to take them right in the middle of camp.

 

[irish223]

However, by enrolling them in camp without checking her choice of weeks, you have pretty much chosen her weeks for her. She is entitled to her choice of weeks, so you should have checked with her before enrolling them in camp.

You will be in contempt of the order if you deny her visitation.