D
derreke
Guest
What is the name of your state?Virginia
I have been separated from my first wife since Feb 2001, it took us until August 2003 to agree on the separation agreement and we were finally divorced October 2003. From this marriage we have 2 children ages 11 and 8.
She has custody with me having the children every other weekend,2 weeks a year vacation and our agreement states we should have an equal division of holidays and birthdays. Herein lies the problem that I am facing.
Since we were separated in feb 2001 and it took until aug 2003 to complete the agreement, my attempts to get the children during major holidays has met with "no". I have never had my children Christmas eve,christmas morning,thanksgiving, easter or either of their birthdays. This has occurred since the August finalization of the separation agreement. My exwife when asked replies, "They are used to their routine now and disrupting this routine would be detrimental to them". The children have asked me about seeing them on these holidays and Ive discussed this with them and her reply is "they may be unhappy with specific situations and guidelines ; however they seem happy and fewer changes means less turmoil" This is in light of the fact that the only reason she has a routine is because she never allowed them to be with me from the beginning.
I discussed this with my attorney last november and he told me of something that we could file that basically suggests that she is not adhering to the agreement. He did not want to persue it at that time and wanted to "wait" and see what she did this year if I was more persistant with her. What was he wanting to file and can I do it myself and represent myself. I felt he was very sympathetic to her acting and did not represent me as I seemed to get more done when I spoke to the Judge on my own behalf.
Any suggestions? Any comments? Any similar situations?
Thank You,
Derreke
I have been separated from my first wife since Feb 2001, it took us until August 2003 to agree on the separation agreement and we were finally divorced October 2003. From this marriage we have 2 children ages 11 and 8.
She has custody with me having the children every other weekend,2 weeks a year vacation and our agreement states we should have an equal division of holidays and birthdays. Herein lies the problem that I am facing.
Since we were separated in feb 2001 and it took until aug 2003 to complete the agreement, my attempts to get the children during major holidays has met with "no". I have never had my children Christmas eve,christmas morning,thanksgiving, easter or either of their birthdays. This has occurred since the August finalization of the separation agreement. My exwife when asked replies, "They are used to their routine now and disrupting this routine would be detrimental to them". The children have asked me about seeing them on these holidays and Ive discussed this with them and her reply is "they may be unhappy with specific situations and guidelines ; however they seem happy and fewer changes means less turmoil" This is in light of the fact that the only reason she has a routine is because she never allowed them to be with me from the beginning.
I discussed this with my attorney last november and he told me of something that we could file that basically suggests that she is not adhering to the agreement. He did not want to persue it at that time and wanted to "wait" and see what she did this year if I was more persistant with her. What was he wanting to file and can I do it myself and represent myself. I felt he was very sympathetic to her acting and did not represent me as I seemed to get more done when I spoke to the Judge on my own behalf.
Any suggestions? Any comments? Any similar situations?
Thank You,
Derreke