Last minute cancellation of requested visitation...

[thespecialistkc]

What is the name of your state (only U.S. law)? Georgia

As part of divorce, settlement agreement (doing this from memory so it is not verbatim) states:

NCP is granted sole visitation every other weekend, and one week during children's summer vacation to be requested no later than April 1st. All other visitation will be at the mutual agreement of both parents. Parents understand and agree visitation shall not interfere with the schooling of the children.

In September CP sent NCP a schedule of all children's school holidays for the year, asking for requested extended visitation no later than the beginning of the school year. No answer. CP asked two more times, no answer.

Jump forward to Friday, Nov. 11th. NCP sends email requesting extended visitation from 11-18 to 11-27 (inclusive of a normal visitation weekend, adding on the week of Thanksgiving break) for a trip to see family. CP agreed
in email exchange.

Jump forward to Friday, Nov. 18th at 7am (11 hours before visitation is to begin). NCP sends email stating "due to weather conditions and my desire to not put the children in danger, I will no longer be traveling to see family. I will pick the children up Friday 11-18 and return them Sunday 11-20. Please tell the children."

I know it is not physically possible (or prudent) to force the NCP to keep the children as previously requested, however is NCP legally bound to honor the requested and agreed to extended visitation even though in reality it is impossible to enforce?

Thanks for the help and replies. Much appreciated.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? Georgia

As part of divorce, settlement agreement (doing this from memory so it is not verbatim) states:

NCP is granted sole visitation every other weekend, and one week during children's summer vacation to be requested no later than April 1st. All other visitation will be at the mutual agreement of both parents. Parents understand and agree visitation shall not interfere with the schooling of the children.

In September CP sent NCP a schedule of all children's school holidays for the year, asking for requested extended visitation no later than the beginning of the school year. No answer. CP asked two more times, no answer.

Jump forward to Friday, Nov. 11th. NCP sends email requesting extended visitation from 11-18 to 11-27 (inclusive of a normal visitation weekend, adding on the week of Thanksgiving break) for a trip to see family. CP agreed
in email exchange.

Jump forward to Friday, Nov. 18th at 7am (11 hours before visitation is to begin). NCP sends email stating "due to weather conditions and my desire to not put the children in danger, I will no longer be traveling to see family. I will pick the children up Friday 11-18 and return them Sunday 11-20. Please tell the children."

I know it is not physically possible (or prudent) to force the NCP to keep the children as previously requested, however is NCP legally bound to honor the requested and agreed to extended visitation even though in reality it is impossible to enforce?

Thanks for the help and replies. Much appreciated.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

Visitation is a priviledge, not a requirement therefore the NCP is not required to exercise it at all, and can cancel previously requested periods.

Now, if the NCP does that often enough that it would mess with the CP's work schedule, for example, then maybe a judge would make orders that the NCP had to find and pay for alternate care for the children if the NCP does not exercise his/her time.

 

[thespecialistkc]

Visitation is a priviledge, not a requirement therefore the NCP is not required to exercise it at all, and can cancel previously requested periods.

Now, if the NCP does that often enough that it would mess with the CP's work schedule, for example, then maybe a judge would make orders that the NCP had to find and pay for alternate care for the children if the NCP does not exercise his/her time.

Thanks for the quick reply! Yes, confirming what I thought.

Followup question: Should CP document all occurrences like this (there are many) for possible future legal action? Would a judge even consider, or is it water under the bridge? CP is filing for CS review and modification, NCP is raising a stink claiming visitation and legal custody should be reviewed (not as part of a CS modification.... I know I know...... ). But, in-case NCP does file a case for custody/visitation review, is it worth documenting these actions? I've always heard document document document.

Many many thanks again...

 

[thespecialistkc]

Thanks for the quick reply! Yes, confirming what I thought.

Followup question: Should CP document all occurrences like this (there are many) for possible future legal action? Would a judge even consider, or is it water under the bridge? CP is filing for CS review and modification, NCP is raising a stink claiming visitation and legal custody should be reviewed (not as part of a CS modification.... I know I know...... ). But, in-case NCP does file a case for custody/visitation review, is it worth documenting these actions? I've always heard document document document.

Many many thanks again...

Actually never-mind, you already answered that. At least I interpret as such. Bad me, bad bad me!!

Thanks yet again...