My husband has joint custody of his 16 year child with Wed. evening and EOW visits. This child is developmentally disabled (16 years old physically, 6-7 years old mentally). We have been trying to change EOW visitation for 3 months now for 2013 starting June . We have asked that we double up on a weekend then change the EOW for the rest of the year.. in the last 4 years we have had the child for every long weekend except May long weekend, and Thanksgiving last year ( which we took the child - she asked us to switch because she planned a vacation) . We really wanted the CIVIC long weekend in Aug and Labor Day weekend to go somewhere this year. We have had the child every Civic Day/Labor Day weekend for last 3 years and the schedule shows that we will again for the next 3 years.
Cut to the point - even though we asked nearly 10 months ahead and continued to ask up until last week,she failed to respond until today . we received a respond of "NO, she is entitled to that time off for her plans and is not willing to accommodate us".
The child can not be left alone even at 16. Agreement is silent on cancellation of weekends other than neither party will be unreasonable or insist on strict adherence. No make up time or switch weekends clauses in it . He has rarely changed the schedule for 10 years...he is fed up with being told that he isn't allowed to cancel he scheduled visit as written in the Separation Agreement in 2002. Can she force him to take his child or can he 'forfeit' his access weekend with ample notice - like 7 months notice.
He was going to respond to her with something like this "I'm not requesting a switch to any weekends but I will be forfeiting the following weekends for the following year" .He will give her the dates and he is not requesting or providing make-up weekends. any thought?
sorry for any spelling mistakes!
Cut to the point - even though we asked nearly 10 months ahead and continued to ask up until last week,she failed to respond until today . we received a respond of "NO, she is entitled to that time off for her plans and is not willing to accommodate us".
The child can not be left alone even at 16. Agreement is silent on cancellation of weekends other than neither party will be unreasonable or insist on strict adherence. No make up time or switch weekends clauses in it . He has rarely changed the schedule for 10 years...he is fed up with being told that he isn't allowed to cancel he scheduled visit as written in the Separation Agreement in 2002. Can she force him to take his child or can he 'forfeit' his access weekend with ample notice - like 7 months notice.
He was going to respond to her with something like this "I'm not requesting a switch to any weekends but I will be forfeiting the following weekends for the following year" .He will give her the dates and he is not requesting or providing make-up weekends. any thought?
sorry for any spelling mistakes!
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