not2cleverRed
Obvious Observer
I've had my ex claim, in spite of wording in our court order about specific holidays, that he should get "his" weekend.If the order and the State statutes are silent, then NO, she could NOT have denied visitation today. She doesn't get to arbitrarily decide whether or not she's entitled to said holiday.
The child is with Dad right now, yes? If that's the case, and Dad brings the child back to Mom unharmed, I'm not nearly as certain that the court will see this as an emergency. Additionally, I'm wondering if Mom is qualified to gauge Dad's mental health.
OP didn't say Mother's Day wasn't mentioned. OP said the ex said it was his weekend, so that takes precedence over any holiday. It is highly like that Mother's Day and Father's Day *are* addressed in the court order, at least in the Family Court serving my community they do - even for temporary orders.
Mom might be able to get what she wants, if she's very patient, follows rules to a T, and there is evidence of actual danger to the child, and especially if Dad doesn't help himself.
If she's not patient, and refuses to pursue getting advice of a local lawyer, she can get into all sorts of trouble.
Once you get on the wrong side of a Family Court judge, it is a long road to getting taken seriously. You just have to wait until things get (disastrously) bad enough that they can no longer be ignored.