Summer parenting time issue

[Lovingfatherof2]

What is the name of your state (only U.S. law)? Michigan
My question involves a child custody case from the State of: Michigan

Custody: IT IS ORDERED AND ADJUGED that the parties shall have joint legal custody and joint physical custody of XXXX XXX XXXXXXXX DOB 0/00/00, and XXXXXXX XXXX XXXXXXXX DOB 0/00/00.

Parenting time: IT IS FURTHER ORDERED AND ADJUDGED that parenting time shall be reasonable and liberal as the parties agree. In the event that the parties do not agree, the parenting time schedule shall be as follows:

1. Defendant shall have parenting time on alternating weekends, commencing on Thursday after school, until Monday morning, and shall pick up the minor children Thursday at daycare.

2. Summer Parenting Time: Both parties shall be entitled to one week in June, one week in July and one week in August of uninterrupted holiday parenting time. Both parties shall inform each other by April 1st of each year of the weeks they intend to exercise his holiday parenting time. If the parties cannot agree on the weeks, Plaintiffs decisions regarding the weeks shall supersede defendants weeks during the even years, and defendants decisions shall supersede plaintiffs weeks during odd years. Failure to specify weeks by April 1st of each year shall result in forfeiture of summer vacation weeks.

State guideline holiday split, not going to bother writing this part out.

Christmas break: Shall be divided evenly between parties.

Birthdays: Shall be designated to the parent who is exercising regularly scheduled parenting time.

On March 11th my ex says she would like to do week on/off for the summer. I agree and we setup dates and times. I planned the kids entire summer vacation already based on this. I have all this in email and text messages showing this is what we agreed to.

On April 11 she emails me out of the blue and tells me she won't do week on/off for summer vacation and since it's past April 1st I won't be getting my one week per month uninterrupted parenting time.

What do I do? I asked this question in the boys locker room but I wanted some outside opinions.

 

[stealth2]

One of your problems may be that you have this agreement via text/email. Those are often not admissible. It would have been best to follow up via an actual written agreement.

Were I in your shoes, I'd be talking to an attorney ASAP. Even just a consult. But time is short.

 

[Lovingfatherof2]

I already have a lawyer. I will never not have one on retainer at all times. But I like to check the boards first before waisting my retainer on emailing her about every problem.

 

[Zigner]

I would suggest that you start using "Our Family Wizard" for communication. I would also suggest that you offer to pay for BOTH accounts. Why? Because it'll be easier to convince her to use it.

With that said, I think that if this were to go to court and you were able to show that text/emailing was your normal means of communicating this type of information, and if she doesn't dispute the validity of the texts/emails, then you should prevail.

 

[Lovingfatherof2]

I've already tried to get her to use OFW or parentingtime.net and she refuses, she will not do it. Text and email is our main form of communication.

 

[Zigner]

I've already tried to get her to use OFW or parentingtime.net and she refuses, she will not do it. Text and email is our main form of communication.

If you end up in court, I would request that it be ordered.

 

[not2cleverRed]

I've already tried to get her to use OFW or parentingtime.net and she refuses, she will not do it. Text and email is our main form of communication.

I second Zigner's advice.

Furthermore, after getting it court ordered, if she chooses not to use it... just reply to her through it.

For example, she texts you, doesn't go through OFW, you reply THROUGH OFW with "for clarification, you [communicated to me] '****[copy and paste]*****' on [date] [time]."

She can choose not to use it... but that makes her appear unreasonable.

 

[Zigner]

And, again, I'd offer to pay for her account so that she can't claim it's an undue burden. It's less than $9 per month (per account).

 

[Lovingfatherof2]

I will consider trying to get that ordered. In the meantime it seems i have two options.

1. Do nothing

2. Take it to court, motion to have summer parenting time changed to what we agreed on and make it permanent since what we have in our decree is unworkable and only creates hostility and future litigation.

If I go with option two I will probably motion for increased parenting time for the school year also since I've already been getting 13 overnights a month and I'm only supposed to have 8. On top of that I'm also the one who takes the kids to their doctors appointments, dentist appointments, I take them on their snow days and sick days and I'm the one who attends all school functions. She does none of that.