tiredofthegamez
Member
What is the name of your state (only U.S. law)? PA
please bear with, might be lengthy-
Most recent modification/contempt hearing was held in Dec. 2010 and I received the new revisions to the order last month. The new order was modified to outline that mothly visitation is changed to the 1st and 3rd weekends in a month, from Friday 6pm to Sunday 6pm. In addition, each parent is entitled to 2 non-consecutive weeks of summer visitation, when a parent wishes to exercise a period of visitation they must give at least 20 days written notice to the other parent, and the parent who gives notice first will be given preference for that week. Also the parents must include an itinerary for any trip in the notice of preffered dates. The contempt was listed as "held in abeyance pending Mother's compliance with above terms."
In e-mail about a different issue, I mentioned that I was looking at mid-June and mid-August for summer vacation, so as not interfere with the weekends he would be with her. She replied that she didn't think the mid-June vacation would work because kids will proabably still be in school with all the snow days right now (I also realized June 15th would fall before the first day of summer). She said that her first week of summer vacation would be "the 1st or 2nd week of July", but she had to pinpoint the dates of their trip. She also said that she "couldn't gaurantee that it won't impede on his time with you". She said she's undecided on the 2nd week. She told me to "pin down exact dates" and she would do the same.
My next e-mail I gave notice of these dates- Tuesday July 12th (I'd pick him up at 6pm) to July 19th at 6 pm and Aug. 14th to Aug. 21st. (same times for pick up). I gave an itinerary for plans (ie, movies, going to the park). In keeping with her "beginning of July" request, I said that if she were to arrange the first week of her vacation from July 4th to the 11th (it's his year to be with her for Independence Day anyway), that would not interfere with custody and would fall in the time frame she mentioned. I reminded her to include the itinerary with her notice of specific dates. I said that I was willing to move the July vacation start date I'm seeking to July 13th or 14th even. I also said that if she were planning to have him at any time during the 1st and/or third weekends of the month, what other days during the summer could the time he is to be here be made up (also mentioning the weekends of June 24th and July 30th would not work as we already have things scheduled for those dates).
Her reply was that she had already told me that they would be taking their trip in the beginning of July, so she would get preference for that time "as per the order". She says that I "already chose (my) dates, in the first e-mail", and that their trip will be July 9th and arriving back on July 16th. She did not mention anything about scheduling make up time, and a July 16th arrival back in town would mean he would not be at her residence for scheduled pick up on July 15th (the 3rd weekend in July). She said she will give an itinerary "when she knows it" (hard for me to believe, as we've had shared legal custody since 2005, and she's only shared a couple of copies of paperwork, despite all he has received). She also said that I "could still take him on June 15th, even if the kids are still in school, just need to make sure he gets to school". I'm not sure how that would all work out as my work schedule is M-F from 5 am to 3/4 pm.
So now what happens? Would she get first preference for the week she named in July or do I go by the dates I named? Do I still go to pick him up on July 15th when she's telling me that is when she wants to exercise her first week of summer vacation, and our son will not be there? Is there any action that can be taken when she is telling me now that she will not comply with even regular weekend custody on that date? Can/does this go to mediation ahead of time, and what would it take to get that going? Help is appreciated
please bear with, might be lengthy-
Most recent modification/contempt hearing was held in Dec. 2010 and I received the new revisions to the order last month. The new order was modified to outline that mothly visitation is changed to the 1st and 3rd weekends in a month, from Friday 6pm to Sunday 6pm. In addition, each parent is entitled to 2 non-consecutive weeks of summer visitation, when a parent wishes to exercise a period of visitation they must give at least 20 days written notice to the other parent, and the parent who gives notice first will be given preference for that week. Also the parents must include an itinerary for any trip in the notice of preffered dates. The contempt was listed as "held in abeyance pending Mother's compliance with above terms."
In e-mail about a different issue, I mentioned that I was looking at mid-June and mid-August for summer vacation, so as not interfere with the weekends he would be with her. She replied that she didn't think the mid-June vacation would work because kids will proabably still be in school with all the snow days right now (I also realized June 15th would fall before the first day of summer). She said that her first week of summer vacation would be "the 1st or 2nd week of July", but she had to pinpoint the dates of their trip. She also said that she "couldn't gaurantee that it won't impede on his time with you". She said she's undecided on the 2nd week. She told me to "pin down exact dates" and she would do the same.
My next e-mail I gave notice of these dates- Tuesday July 12th (I'd pick him up at 6pm) to July 19th at 6 pm and Aug. 14th to Aug. 21st. (same times for pick up). I gave an itinerary for plans (ie, movies, going to the park). In keeping with her "beginning of July" request, I said that if she were to arrange the first week of her vacation from July 4th to the 11th (it's his year to be with her for Independence Day anyway), that would not interfere with custody and would fall in the time frame she mentioned. I reminded her to include the itinerary with her notice of specific dates. I said that I was willing to move the July vacation start date I'm seeking to July 13th or 14th even. I also said that if she were planning to have him at any time during the 1st and/or third weekends of the month, what other days during the summer could the time he is to be here be made up (also mentioning the weekends of June 24th and July 30th would not work as we already have things scheduled for those dates).
Her reply was that she had already told me that they would be taking their trip in the beginning of July, so she would get preference for that time "as per the order". She says that I "already chose (my) dates, in the first e-mail", and that their trip will be July 9th and arriving back on July 16th. She did not mention anything about scheduling make up time, and a July 16th arrival back in town would mean he would not be at her residence for scheduled pick up on July 15th (the 3rd weekend in July). She said she will give an itinerary "when she knows it" (hard for me to believe, as we've had shared legal custody since 2005, and she's only shared a couple of copies of paperwork, despite all he has received). She also said that I "could still take him on June 15th, even if the kids are still in school, just need to make sure he gets to school". I'm not sure how that would all work out as my work schedule is M-F from 5 am to 3/4 pm.
So now what happens? Would she get first preference for the week she named in July or do I go by the dates I named? Do I still go to pick him up on July 15th when she's telling me that is when she wants to exercise her first week of summer vacation, and our son will not be there? Is there any action that can be taken when she is telling me now that she will not comply with even regular weekend custody on that date? Can/does this go to mediation ahead of time, and what would it take to get that going? Help is appreciated