California  |  Family Law

Legal Question

Asked on: 7/31/13, 2:42 pm

I have a visitation court order that my children's father is scheduled to pick them up on Tuesdays at 8 am and return them on Thursdays at 7 pm. If he does not pick them up at the scheduled time, but wants to pick them up on a Wednesday, am I within the law if I do not allow them to go with him because he did not come at the court order time? I am in California. Please help! Thank you!

1 Answer

Answered on: 7/31/13, 6:37 pm by Daphne Macklin

The bottom line with family law matters is reasonableness and flexibility where appropriate. To unilaterally refuse any visitation would not be acceptable. On the other hand you and the children's father need to negotiate how to handle glitches and upsets such as he may need to work overtime unexpectedly, the children have special events that are better handled at your home, etc. This is less of a legal issue than a matter for mediation between the adults. Good luck with this.

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