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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 06-28-2009, 10:49 AM
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Default Late summer access request when court order does not specify deadline

Our court order says that we share the summer break half and half. It does not specify any deadline by which my ex has to request her share. I believe she had completely forgotten about it. So I went ahead and made all the arrangements for his care during the break. Now suddenly she wants me to send him over to her for whole month of August.

There have been numerous concerns over my ex's mental health and parenting skills. Our son's counsellor recommended that my ex should have an adult with her all the times whenever she has our son with her. Her mental problems were also documented by OCL in their report and they recommended that she should seek help. I am not aware whether or not she has acted upon any of the recommendations. My son tells me that she continues to emotionally exploit him and uses him to vent her anger over me or her own feelings etc. He says he only wants to go to her because otherwise she will get mad at him.

Oh and recently my ex has cancelled the mid week access because it is too inconvenient for her. She has also been cancelling the weekends and has seen him only for one weekend during the last 2 months.

With all these concerns and history of misses access, I am not sure if I should let him stay with her for whole month. Can I refuse/reduce summer access because she did not give me advance notice? What should I do about all these concerns over her mental health etc?

Thank in advance for your thoughts.
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Old 06-28-2009, 12:41 PM
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i do believe that both parents have a right to their children and normally would say give her the month she wants. That being said, in this case I do not agree with her. She stops access during the week because it is "inconvenient" plus she has only seen min one weekend in the last two months. She probably could not handle the child for an entire month. I say until she excersies her normal visitation on a consistent basis and gets some help for the mental health issues then one month is too long and would probably cause your child more harm then good.
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