As you know we settled on day trial was supposed to start in January 2014. The parties did not deal with three holiday periods with the minutes of settlement. However, the three holiday periods still remain in the Separation Agreement but mom is refusing to follow them. It says that the three holiday (long weekends) will be shared equally in the Separation Agreement. Given mom had them for last two years they should be dad's for next two years but at the very least for this year. She is arguing that regular access take place. This cannot be true because the Separation Agreement speaks to these three weekends specifically and states they must be shared equally - and the Separation agreement says it is the "XXX weekend" so not just the holiday Monday...
Dad has sent mom an email and asked if she will be cooperating in giving the holidays to dad. Last week she tore one side up and down him about it and then of course just dropped it. As far as she is concerned she is taking and keeping the holiday periods (and she always has regardless of what the SA states).
So my question is: If dad has to file a motion on Monday (he has asked her to advise her cooperation by end of weekend) and at some point after he files his motion she ends up consenting to giving dad the weekends - Does dad still have the right to pursue costs?
I ask this because he doesn't anticipate that she will agree to do what the SA states. And she might if she realizes dad is willing to seek the courts help. But we don't want this to become a pattern where he takes a day off to go to court house and file a motion only for her to agree the next day or soon after the paperwork is filed.
Thoughts?
Dad has sent mom an email and asked if she will be cooperating in giving the holidays to dad. Last week she tore one side up and down him about it and then of course just dropped it. As far as she is concerned she is taking and keeping the holiday periods (and she always has regardless of what the SA states).
So my question is: If dad has to file a motion on Monday (he has asked her to advise her cooperation by end of weekend) and at some point after he files his motion she ends up consenting to giving dad the weekends - Does dad still have the right to pursue costs?
I ask this because he doesn't anticipate that she will agree to do what the SA states. And she might if she realizes dad is willing to seek the courts help. But we don't want this to become a pattern where he takes a day off to go to court house and file a motion only for her to agree the next day or soon after the paperwork is filed.
Thoughts?
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