What is the name of your state? Court order was in VA, I live in MD and the child and her father live in PA
I will try and get all the info in this one post as best I can. My X has custody, we have a court order which states this:
"It is ADJUDGED, ORDERED AND DECREED, that the care and custody of the minor child shall be in the joint legal custody of the plaintiff (my X) and the defendant(me) with the plaintiff having the primary physical custody of the child and the defendant to have visitation every other weekend from after school on Friday to Sunday at 6:00pm.; and each Tuesday from after school to Wednesday morning when the defendant shall return timely the child to svhool. The defendant shall be responsible to pick up and drop off the child for visitation."
It also says we rotate holidays. Then it says this.
"It is further ADJUDGED, ORDERED AND DECREED that the defendant shall have four (4) non-consecutive weeks during the child's summer vacation, limited to one week at a time upon 30 days notice to the plaintiff."
Well my X has denied my visitation a few times since the order was given to us last fall. He has taken many "family vacations" as he likes to call them that have denied my scheduled visitation. With the advice from this board regarding that issue I sent him a certified letter stating that I do not agree with him denying my visitation like that. I sent him that letter a few weeks ago.
Now on to todays issue. I get this email from him today:
"Dear **** ,
I think there must be some sort of misunderstanding. Your visitation of every other weekend and Tuesday evenings is the visitation schedule during the school year. During the summertime your visitation consists solely of 4 nonconsecutive weeks of vacation. I consulted with my lawyer and she verified that this is the visitation schedule that was intended by the court. I realize that the language in the order is vague and could be interpreted either way, therefore you can take it back to court in Virginia for clarification if you feel it's necessary. In the meantime, I am going to enforce the order as I believe it was intended. That said, I would have no problem with you changing when you would like to take your four weeks of vacation so long as you give me the required 30 days notice.
With regards to 4th of July, it is not a holiday that is considered in the court order therefore if you would like to use one of your weeks of vacation over it that would be fine.
Lastly, my wife and ****(the child) are coming to visit me in Las Vegas today through Monday. They surprised me with the news today otherwise I would have let you know sooner. Therefore to reach Katelyn during that time you can call my cell phone."
Thanks,
****""
So what should I do? Him and I both know that is NOT what the court intended for the order to mean. He is doing everything he can to try and keep my daughter away from me but he is trying his best to do it "legally" i guess you would say. Is there something I should file with the court to get this court order rewritten clearly for him? or something? I am at a loss here. Should I keep going to pick her up like I have been on my weekends and on Tuesdays? and call the cops when he doesn't let me have her?
I will try and get all the info in this one post as best I can. My X has custody, we have a court order which states this:
"It is ADJUDGED, ORDERED AND DECREED, that the care and custody of the minor child shall be in the joint legal custody of the plaintiff (my X) and the defendant(me) with the plaintiff having the primary physical custody of the child and the defendant to have visitation every other weekend from after school on Friday to Sunday at 6:00pm.; and each Tuesday from after school to Wednesday morning when the defendant shall return timely the child to svhool. The defendant shall be responsible to pick up and drop off the child for visitation."
It also says we rotate holidays. Then it says this.
"It is further ADJUDGED, ORDERED AND DECREED that the defendant shall have four (4) non-consecutive weeks during the child's summer vacation, limited to one week at a time upon 30 days notice to the plaintiff."
Well my X has denied my visitation a few times since the order was given to us last fall. He has taken many "family vacations" as he likes to call them that have denied my scheduled visitation. With the advice from this board regarding that issue I sent him a certified letter stating that I do not agree with him denying my visitation like that. I sent him that letter a few weeks ago.
Now on to todays issue. I get this email from him today:
"Dear **** ,
I think there must be some sort of misunderstanding. Your visitation of every other weekend and Tuesday evenings is the visitation schedule during the school year. During the summertime your visitation consists solely of 4 nonconsecutive weeks of vacation. I consulted with my lawyer and she verified that this is the visitation schedule that was intended by the court. I realize that the language in the order is vague and could be interpreted either way, therefore you can take it back to court in Virginia for clarification if you feel it's necessary. In the meantime, I am going to enforce the order as I believe it was intended. That said, I would have no problem with you changing when you would like to take your four weeks of vacation so long as you give me the required 30 days notice.
With regards to 4th of July, it is not a holiday that is considered in the court order therefore if you would like to use one of your weeks of vacation over it that would be fine.
Lastly, my wife and ****(the child) are coming to visit me in Las Vegas today through Monday. They surprised me with the news today otherwise I would have let you know sooner. Therefore to reach Katelyn during that time you can call my cell phone."
Thanks,
****""
So what should I do? Him and I both know that is NOT what the court intended for the order to mean. He is doing everything he can to try and keep my daughter away from me but he is trying his best to do it "legally" i guess you would say. Is there something I should file with the court to get this court order rewritten clearly for him? or something? I am at a loss here. Should I keep going to pick her up like I have been on my weekends and on Tuesdays? and call the cops when he doesn't let me have her?