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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 02-15-2017, 09:52 AM
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Default holiday access-expansion requests being ignored

Hello,

as some of you may be familiar with my situation, the final order has no holiday access but allows additional time to be agreed upon. the order was on consent and I was not given legal advice when it was signed. It was also not looked over by a family law lawyer (clearly).

This has been a very big problem on every holiday and especially on long weekends, or whenever access schedules needed to be tweaked. It is always what the mom says what goes. She tries to control me and it's a little sad that she things that's what sole custody is for - to control the other parent's relationship with their child.

I have been requesting a one day expansion for the long weekend (3 times now) and they have been ignored.

I am thinking, should I just let it go and bring it up to the courts attention at the appropriate time or should I get the lawyer involved to send a letter? Chances are she might agree to some thing (to her terms) if the lawyer turns up the torch that is presently under her arse. I apologize for my language.

Or, should I follow up myself and end the letter with something along the lines of if I haven't heard back by end of business day XXX, I will assume that this will be our agreement - this way she will likely send a response.

This has become beyond ridiculous and I can't make proper plans for my long weekend with the child..

If the parent offers something, should I still go back and keep asking for more ? Or just leave it.

Or just let it go and bring it up to the courts attention at a later date?

Thanks

Last edited by trinton; 02-15-2017 at 09:54 AM.
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Old 02-15-2017, 07:44 PM
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Ultimately you need to get to trial and get a detailed FINAL order put in place that covers everything. Also, you need to make an offer for parallel parenting where all this stuff is outlined too.
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Old 02-15-2017, 08:43 PM
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For what it's worth, it's not unusual for parenting time to continue without regard to long weekends. In my divorce order, Kid switched houses every Monday, whether or not it was a long weekend. If Monday was a regular day, the receiving parent picked Kid up at 5.30 from child care. If it was a holiday Monday, the receiving parent picked Kid up directly from the other parent at 5.30. That eliminated a lot of back-and-forth about who had Kid where and when.

In other words, what your ex is doing isn't necessarily unreasonable. Yes, you really need a final order that spells this out.
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Old 02-15-2017, 09:19 PM
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Quote:
Originally Posted by stripes View Post
For what it's worth, it's not unusual for parenting time to continue without regard to long weekends. In my divorce order, Kid switched houses every Monday, whether or not it was a long weekend. If Monday was a regular day, the receiving parent picked Kid up at 5.30 from child care. If it was a holiday Monday, the receiving parent picked Kid up directly from the other parent at 5.30. That eliminated a lot of back-and-forth about who had Kid where and when.

In other words, what your ex is doing isn't necessarily unreasonable. Yes, you really need a final order that spells this out.
your situation is different. it's extremely common for parents with every other weekend access to have their weekend to be extended to Tuesday or Thursday when its a long weekend.

i agree thay it definitely needs to be addressed on final basis.

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