EX trying to block vacation

[pypercat]

What is the name of your state? ID

My fiancee and I have been planning on taking my kids on vacation in March. I told my ex about it before Christmas, but now he claims I never told him and is refusing to let me take the kids because it is "his weekend," even though I offered to switch weekends. We have already purchased the plane tickets, hotel, etc. If he persues blocking our vacation plans and we are unable to proceed as planned, can we sue him for the cost of the plane tickets and hotels?

 

[msfurman]

Request an Emergency Hearing in the Court to obtain a court order so you can take your child. Emergency Hearing usually take place within 10 days.

 

[casa]

What is the name of your state? ID

My fiancee and I have been planning on taking my kids on vacation in March. I told my ex about it before Christmas, but now he claims I never told him and is refusing to let me take the kids because it is "his weekend," even though I offered to switch weekends. We have already purchased the plane tickets, hotel, etc. If he persues blocking our vacation plans and we are unable to proceed as planned, can we sue him for the cost of the plane tickets and hotels?

Did you give him notice via certified mail? In the future all important correspondence such as this- should be sent certified mail in order to prove he was notified. Do you have any correspondence with him about the vacation to demonstrate he knew at X date?

 

[Ambr]

You guys must have better luck with certified mail than I have had.

My ex's lawyer tried the ole.....the certified mail receipt only proves that an envelope was sent to my client's address. It does not document that XXX was in the envelope. He just denied every receiving anything.

That would stink. But planning a trip on his weekend, even if he was aware of it and okay at the time your planned it was a crap shoot to begin with. With nothing on paper saying he agreed to the change you are basically screwed.

I would try the emergency hearing and hope that you get a nice understanding family man for a judge.

 

[MinCA]

If you informally switched weekends without going through the court, good luck getting a court to see it as an emergency situation unless you can prove the ex approved it. You would be better off trying to reschedule the vacation. Why couldn't you plan it for your weekend anyway?

 

[pypercat]

Thank you

Hey, thank you for the response.
When the original arrangements were discussed the ex and I were on amicable terms, so I didn't think we needed written agreements...how wrong I was!! I will never take him at his word again and everything will be done through the courts and written agreements!!
minCA - I scheduled it on his weekend because he verbally agreed to switch weekends so we could go over spring break so the kids wouldn't miss as much school.

 

[Ambr]

Pssttt...

Your divorced. If you could trust him and work things out, you would still be married.

Man, I am getting cynical in my old age.

 

[pypercat]

the things you learn

MY BAD!!

I've never had to deal with a neurotic ex before... I'm learning.

ps... you're not being cynical.. just plain honest!

 

[kpepperz]

Pssttt...

Your divorced. If you could trust him and work things out, you would still be married.

Man, I am getting cynical in my old age.

My ex and I get along better now than we ever did when we were married. We made a lousy couple, but we make good parents. I feel very fortunate.