I am divorced. In my custody agreement, I have my children every Weds. When there is no school, Weds becomes a sleep over and the children do not have to be returned until Thurs. at 4pm. On 8/14 I wanted to keep my children for my parenting time. There mother had made plans with them for the Thurs and manipulated the situation by telling the children all about there plans. Trying to do right for the children, I returned the children at 8:30am on Thurs. In an email I stated that I wanted my time made up on 8/25. She told me they would be back from vacation on 8/24. Once I gave up my time, she decided to extend her vacation until 8/25 and did not allow me to see my children until 4pm. I was only able to have them until 7pm. I am not the type of father that just willingly gives up parenting time. My question is, would this be considered for a contept charge?
1 Answer from Attorneys
Yes, this could be a contempt. It should be considered a violation of the court order for your ex to unilateraly schedule things for the children during your time. Having said that, contempts over visitation can be very frustrating. The reason is that the Judges don't have a good remedy. They don't want to take money away from someone who receives child support. The best you may be able to do is to get makeup time from a judge.
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