Court Order on Winter Break

Submitted by mp on Tue, 11/19/2013 - 15:03

This Winter Break kids are with their mother but the I (father) get them for the New Year's day.  I made a vaction plan to Disney World and we are suppose to leave on the 27th through the 1st. and the in-between weekend they are suppose to be with me.  I did let the kid's mother know as per the court order (prior to 30 days).  She didn't say anything.  But my son informed me that his mother said this Winter break is her's so they will be with the mother.  He also wanted to know whether they are going for the vacation or not.  According to the order...Holiday get's precidence to Vacation and vacation gets precidence to the regular schedule.  Wondering if any one can confirm me that I will be able to take the kids for their vacation or not?  Would very much appreciate it.


It's hard to answer your question specifically without the actual language of the order.  With that disclaimer and without knowing all the specifics and speaking in general about custody situtations, the options are limited to (for what you describe) ...

- File for a motion to clarify.  You might be able to do this as a Special Relief within a few weeks.

- Wait for the date you're supposed to have custody.  Go to the exchange spot.  Wait for 30 to 60 minutes.  then call the police to document that you're their but she didn't show.  Then file a Petition for Contempt and Petition to Modify Custody.  Then explain how your order was violated.  Now this of course doesn't do anything for you actually getting a vacation.  You might be able to recoup your vacation monies and attorny fees.