Hi gang,
Short of it is: high conflict case, email contact only, court order.
In the past few months child's dad has ramped up conflict (unnecessary police calls, refusing to email, refusing to talk - zero communication, PA through HAP, etc).
Our court order states that Christmas break is to be split between the parents as agreed each year (never ever ever do this if you're working on your separation agreement/court order with a high conflict person - set it in stone even if you have to put in dates 10 years into the future). There's also a clause that he needs to provide reasonable notice that he intends to take any optional/special time (anything outside of the normal schedule) and in the absence of that notice that he's not taking it.
I don't really care either way what the christmas break looks like I just need to have something to work with so I can schedule with my BF, his kids, their mother, my parents and family.
So how do I move this forward? I've sent two requests asking him what time he wants at Christmas and no response (I've sent other emails that are not being responded to either).
If I've got sole custody, and have child most of the time, and there's no agreement (because he won't communicate at all) do I just assume that he's not interested in the time over Christmas and plan for that? If the court order states that the onus is on him to let me know he wants the special time do I push for him to let me know what the time is? And when's the cut off (there's no cut off in the court order - again don't do this if you're still in the planning stages - "reasonable notice" is not a time period, "2 calender weeks" is).
It seems slightly ridiculous that I would bring any motion to make him take time with his child over Christmas????
*sigh* its the most wonderful time of the year....
Short of it is: high conflict case, email contact only, court order.
In the past few months child's dad has ramped up conflict (unnecessary police calls, refusing to email, refusing to talk - zero communication, PA through HAP, etc).
Our court order states that Christmas break is to be split between the parents as agreed each year (never ever ever do this if you're working on your separation agreement/court order with a high conflict person - set it in stone even if you have to put in dates 10 years into the future). There's also a clause that he needs to provide reasonable notice that he intends to take any optional/special time (anything outside of the normal schedule) and in the absence of that notice that he's not taking it.
I don't really care either way what the christmas break looks like I just need to have something to work with so I can schedule with my BF, his kids, their mother, my parents and family.
So how do I move this forward? I've sent two requests asking him what time he wants at Christmas and no response (I've sent other emails that are not being responded to either).
If I've got sole custody, and have child most of the time, and there's no agreement (because he won't communicate at all) do I just assume that he's not interested in the time over Christmas and plan for that? If the court order states that the onus is on him to let me know he wants the special time do I push for him to let me know what the time is? And when's the cut off (there's no cut off in the court order - again don't do this if you're still in the planning stages - "reasonable notice" is not a time period, "2 calender weeks" is).
It seems slightly ridiculous that I would bring any motion to make him take time with his child over Christmas????
*sigh* its the most wonderful time of the year....
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