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Summer vacation

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gaems143

Member
What is the name of your state? ga
My husband sent a letter in April via his attorney to the biomom stating his vacation dates this year. He asked her to respond within 30 days if it is a problem. She never did.

He got a letter yesterday(two days before he picks them up) stating that this is not a good time. She said she verbally told him several times. My husband says she didn't.

He picks them up Fri. for his weekend and the vacation starts Monday. Would he be in any trouble (kidnapping) if he didn't return the kids on Sunday? He has documentation from attorney stating dates and certified letter stating dates. .
 


BL

Senior Member
He should ask his attorney to clarify , but if the certified letter was received , I don't see how he could be in contempt , let alone kidnapping .
 

GrowUp!

Senior Member
gaems143 said:
What is the name of your state? ga
My husband sent a letter in April via his attorney to the biomom stating his vacation dates this year. He asked her to respond within 30 days if it is a problem. She never did.
Is this the procedure that is spelled out in any parenting plan/court order to follow?
 

BL

Senior Member
GrowUp! said:
Is this the procedure that is spelled out in any parenting plan/court order to follow?

Growup , read the post . There has to be Court involvement . On top of that the Attorney send the mail for dates and times . That is usually the standard . To notify the other Party of the dates and times one wished to exercise ahead of time .
 
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nextwife

Senior Member
gaems143 said:
What is the name of your state? ga
My husband sent a letter in April via his attorney to the biomom stating his vacation dates this year. He asked her to respond within 30 days if it is a problem. She never did.

He got a letter yesterday(two days before he picks them up) stating that this is not a good time. She said she verbally told him several times. My husband says she didn't.
Even if she did "tell him this is not a good time", it doesn't matter. If the CO sets out a procedure for dad to CHOOSE his time, mom must work around that. She certainly is free to REQUEST a change, but she DOES NOT "Tell him" that the time is "good" or not. If dad followed the CO procedure and reserved his dates, that's that. Mom has NO legal right, verbally or not, to decide that doesn't suit her.
 

LdiJ

Senior Member
nextwife said:
Even if she did "tell him this is not a good time", it doesn't matter. If the CO sets out a procedure for dad to CHOOSE his time, mom must work around that. She certainly is free to REQUEST a change, but she DOES NOT "Tell him" that the time is "good" or not. If dad followed the CO procedure and reserved his dates, that's that. Mom has NO legal right, verbally or not, to decide that doesn't suit her.
There could be some extreme situations were it could be appropriate for mom to say at the last minute that it won't work....but it would have to be something extreme like the kid having emergency surgery....or something else of equal seriousness.
 

nextwife

Senior Member
And if the child were having emergancy surgery, certainly Dad would or should be informed. Mom merely stating that "it's not "good" for her on those dates sure sounds like mom chose to make something else a priority over dad's time, but didn't think this "priority" matter important enough for dad to actually KNOW about.

And since mom claimed to have told dad verbally on several occassions since April that this date was "not good" it does not seem to be any sort of last minute "emergancy".
 

gaems143

Member
It is getting more complicated. Biomom's attorney presented a letter that no one has seen (including my husbands attorney) stating he could not get the kids for his vacation dates.

The kids have some activity scheduled every week except for July 17-31, but my husband is on break from school (part time EMS teacher also) and he can not get them during those weeks so he scheduled his two week visitation around his vacation time.

If the kids come during June 26-July 9, they will miss a camp. They have been through a lot of activites already this summer. Which is the lesser of the two evils? Missing the camp or not getting to spend as much time which their father if he has to reschedule his vacation?

The court order states he only can get them consecutivelyfor two weeks after age 2. It does not say anything about biomom vetoing or even has to agree to the dates, it just says he can get them. It does not even say that he has to give he any length of notice.
 

BL

Senior Member
gaems143 said:
It is getting more complicated. Biomom's attorney presented a letter that no one has seen (including my husbands attorney) stating he could not get the kids for his vacation dates.

The kids have some activity scheduled every week except for July 17-31, but my husband is on break from school (part time EMS teacher also) and he can not get them during those weeks so he scheduled his two week visitation around his vacation time.

If the kids come during June 26-July 9, they will miss a camp. They have been through a lot of activites already this summer. Which is the lesser of the two evils? Missing the camp or not getting to spend as much time which their father if he has to reschedule his vacation?

The court order states he only can get them consecutivelyfor two weeks after age 2. It does not say anything about biomom vetoing or even has to agree to the dates, it just says he can get them. It does not even say that he has to give he any length of notice.
For crying out loud , The parent has been advised the other Parent is entitled to summer visits , Period . If the Child(ren) are not produced the Attorney needs to file contempt . The Attorney should make this clear ahead of time .

What's the next new development ?
 

nextwife

Senior Member
If those are Dad's date, it's her tough luck that she chose dates the kids were NOT available. Dad needs to call his attorney and not put up with this crap. There are zillions of camps and zillions of sessions the kids can attend.

Heck, I had to work around my kids other commitments in choosing dates for camp (she'll go in August after summer school is over), and I'm not even under a CO!
 

BL

Senior Member
next wife said:
If those are Dad's date, it's her tough luck that she chose dates the kids were NOT available. Dad needs to call his attorney and not put up with this crap. There are zillions of camps and zillions of sessions the kids can attend.

Heck, I had to work around my kids other commitments in choosing dates for camp (she'll go in August after summer school is over), and I'm not even under a CO!
The point is DAD is entitled by Court order , and as long as DAD and his Attorney properly notified , He IS entitled . He should keep the child after the weekend visit , in my opinion . Then let Her and Her Attorney prove violation .

I Know as a Dad , If I gave proper notice , I would .
 

nextwife

Senior Member
Well that is what I was saying! So what if mom has camp planned? She had no business planning camp on dad's time. It's her problem, not dad's, that she went and signed the kids up for stuff on dates they would not be available.

Mom's attorney letter does NOT supercede a court order, presumming dad's notice was done correctly.
 
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BL

Senior Member
nextwife said:
Well that is what I was saying! So what if mom has camp planned? She had no business planning camp on dad's time. It's her poblem, not dad's that she went and signed the kids up for stuff on dates they would not be available.

Mom's attorney letter does NOT supercede a court order, presumming dad's notice was done correctly.
I know that's what you were saying . I hope we got it across to Dad .. ;)
 

Gracie3787

Senior Member
nextwife said:
Mom's attorney letter does NOT supercede a court order, presumming dad's notice was done correctly.
Also, just because mom's attorney produces a letter, (s)he will have to also produce proof that Dad recieved the letter. Dad sent the notice by certified mail so all the way around Dad should be good to go.
 

BL

Senior Member
Gracie3787 said:
Also, just because mom's attorney produces a letter, (s)he will have to also produce proof that Dad recieved the letter. Dad sent the notice by certified mail so all the way around Dad should be good to go.
Even if they could prove it , it wouldn't mean a thing . Standards are ( unless otherwise specified ) , that written notice of intent for visit dates are to be given 30 days before . If proper notice was given , end of story .

For there to be contempt , the Party has to knowingly understand the Orders .

As always Gracie gives proper advice .
 

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