finally got custody agreement signed...

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Duped

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Hi all,

Well after 2 and a 1/2 years we finally got custody out of the way.

Problem though, we signed for alternating weeks on January 4th and one of the terms states that if one party has the child for the same occasion two years in a row, the other party gets that occasion the following year.

Based on this my ex is trying to take my march break week for herself, considering she has our son for the week before the break, she is likely planning to just keep him ignoring the rotational schedule.

Can she do this? Are the terms of an agreement automatically retroactive to include what has happened before the agreement was signed? (nothing specified in agreement for retroactive dates)

Would I be right in thinking that the alternating week arrangement term of the agreement would be violated if she simply kept our son for two weeks in a row?

It would seem that her games will never cease, what should I do? All sugestions appreciated.

Thanks
Duped
 
it seemsl like you have a pretty good arrangement. Maybe you should just bite the bullet on this one and allow her the March break. Keep detail records on when she has had the child(ren) and things like that. That way if this comes up again, you have your proof that it is your time. I take it her reasoning is that the last two times you had custody during the March break?
 
logicalvelocity said:
File the separation agreement with the court. Upon doing so its equivalent to a court order and maybe enforced as such.

lv
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Although I do not yet have confirmation it should already be an order as that was supposed to be done by lawyer. So for argument sake lets say it is an order not an agreement, does my ex have a right to unilaterally alter our rotational schedule based on the info previously stated?

Thanks
Duped
 
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