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Old 04-01-2011, 03:54 PM
HammerDad HammerDad is offline
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Join Date: May 2010
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Originally Posted by Mess View Post
OK, so she keeps the child when she's not supposed to, you take a make up day that she tries to refuse you and you think that she is going to take you to court over it an win because of bias?
No he won't lose anything because of biase. But any action may be looked upon as retaliatory and a tit-for-tat conflict.

I agree with your general premise. That emailing your ex, once you have the child, and providing your intention to keep the child to make up for missed time and going from there is a good idea in theory. But he may have to relent if it gets to hot, and then where does he stand?

He will have given the ex ammo that he is unwilling to coparent or be reasonable, thus possibly giving her argument for scrapping 50/50. Yeah, she did it first, but she will use the excuse that the child was ill. Of course Dad would be equally capable for looking after the child, and that is your argument to her point.

And if he backs down after the ex sicks the hounds on him, and gives back the child on the scheduled time, not only did he "threaten" to keep the child, she now has the satisfaction of "winning" and getting the child back.

I just think that he is best served calmly stating that he doesn't agree with her decision and he is equally capable of parenting as she is. That he doesn't agree with denying access and that in future she discuss any changes to the parenting schedule with him as he is a reasonable individual. And that any unilateral changes to the schedule by her will not be tolerated.

One instance is not enough to drag her back to court. But 3-4 sure are and he will have a better chance of showing that this is a pattern and she is using the excuse of illness (while not proving the illness to him) as a means of denying access.