Holiday Visitation Problems

[angelface30s]

What is the name of your state (only U.S. law)? FL and WI

I use to have custody of my two children. Last year my son asked if he could live with his dad now that he is older to do things with him and spend more time. In years past he had the children every Christmas because I had them a majority of the year, I live in FL he lives in WI. When he took custody of our son, we had on the agreement that we rotate the Christmas Holiday. Our daughter last year (first year we started the rotation) had an obligation for New Years so we agreed that last year I would have them New Years and this year would be my Christmas year. He and his wife have decided that because I chose last year to start out the rotation with New Years that this year they can chose what they want and said they are keeping him for Christmas and to fly my daughter out for Christmas. I refused to do that in that on the rotation it is my year to have them for Christmas (1st time in 9 years). So I purchased her plane ticket and emailed it to him immediately. I received later that night and email from him of our sons flight itenarary. It shows him flying here on the 26th and returning the morning of New Years day. So in a nut shell, is he in contemt for not send our son for Christmas and can he have him travel on the Holiday itself?

Thanks!

 

[LdiJ]

What is the name of your state (only U.S. law)? FL and WI

I use to have custody of my two children. Last year my son asked if he could live with his dad now that he is older to do things with him and spend more time. In years past he had the children every Christmas because I had them a majority of the year, I live in FL he lives in WI. When he took custody of our son, we had on the agreement that we rotate the Christmas Holiday. Our daughter last year (first year we started the rotation) had an obligation for New Years so we agreed that last year I would have them New Years and this year would be my Christmas year. He and his wife have decided that because I chose last year to start out the rotation with New Years that this year they can chose what they want and said they are keeping him for Christmas and to fly my daughter out for Christmas. I refused to do that in that on the rotation it is my year to have them for Christmas (1st time in 9 years). So I purchased her plane ticket and emailed it to him immediately. I received later that night and email from him of our sons flight itenarary. It shows him flying here on the 26th and returning the morning of New Years day. So in a nut shell, is he in contemt for not send our son for Christmas and can he have him travel on the Holiday itself?

Thanks!

Was the agreement incorporated into your court orders, or was it something you verbally agreed upon? If it was incorporated into your court orders, exactly what do those orders say?

 

[angelface30s]

I do not have the agreement in front of me, we moved and I have misplaced it, but it was incorporated thru court. If I remember correctly, it says that the Christmas and New years Holiday will be rotated every year. One year I have them for Christmas and he has them for New Years and the following year is rotated. I had them last year for New Years, it was the first year we started it, but he says because I chose to have the New Years the first year, then he can chose what he wants this year. Actually, he hasn't chosen, his wife has decided for him. I continually get emails from his wife threatning me that if I don't send my daughter there for Christmas, they will go for full custody of her. I have asked her to stay out of it and keep it between my ex and I and also asked that she quit sending me emails and she won't stop.

 

[Zephyr]

I do not have the agreement in front of me, we moved and I have misplaced it, but it was incorporated thru court. If I remember correctly, it says that the Christmas and New years Holiday will be rotated every year. One year I have them for Christmas and he has them for New Years and the following year is rotated. I had them last year for New Years, it was the first year we started it, but he says because I chose to have the New Years the first year, then he can chose what he wants this year. Actually, he hasn't chosen, his wife has decided for him. I continually get emails from his wife threatning me that if I don't send my daughter there for Christmas, they will go for full custody of her. I have asked her to stay out of it and keep it between my ex and I and also asked that she quit sending me emails and she won't stop.

no judge would sign off on the bold- ignore the wife, explain again to ex calmly what ROTATING THE HOLIDAY- not rotating the choice means

 

[angelface30s]

That is what I thought. Thank you.

They already bought his plane tickets for the week of New Years and have him flying back to them 9 am New Years Day. Assuming this was my year for New Years, can they even fly him on the day Im suppose to have him? I can almost assume he is in contempt if my son is not here with me for Christmas? Thanks again.

 

[Zephyr]

you really do need to get your copy of the parenting plan then you know exact days and times (hopefully) who is supposed to be where

 

[angelface30s]

Its here in my house somewhere, I just need to find it. Thanks for your help, it is appreciated.

 

[Zephyr]

You're very welcome.

 

[angelface30s]

Found it...This is how the agreement is read:

• Christmas visitation will be split – with Kayla flying here for a week and Kyle flying down there for a week. One year we get them over Christmas and the following year you get them for Christmas.


Thanks