Legal Question in Family Law in New Jersey

consent order

my sons father currently has visitation on the last 3 weekends of every month, starting fridays at 3pm until sundays at 6pm. he informed me, via email, on wednesday that he was going away from wednesday until late saturday night for work and would pick our son up at 12pm on Sunday. this required me to change my weekend plans of working, get people to cover my shifts and make new plans to include my 6 year old. then he called my son last night. when i asked him what they talked about, my son said i dont know i think daddy said see you saturday.

do i have to change my plans again just in case he is going to pick him up saturday? if i continue with our new plans for this weekend, will i be breaking the consent order? Can he do this every weekend?


Asked on 1/12/07, 10:47 am

3 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: consent order

Very simple answer to your question: if there is a court order, you must obey the court order. If the two of you can agree to go above and beyond and/or later it, even just for a day, then that it fine. However, neither of you can force the other to do anything. If he violates the order, you should take him to court.

My initial consultations are always free. If you'd like to discuss your case, call me at 732/247/3340.

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Answered on 1/12/07, 11:14 am
Robert Gleaner Robert A. Gleaner, P.C.

Re: consent order

He can do this as long as you allow him to do it. You have every right to tell him that he needs to comply strictly with the Court Order. If he doesn't, you can take him back to Court. Remember, however, that what is "sauce for the goose is sauce for the gander." If you want to make some changes, he might tell you the same thing.

One other point: It is not a good idea to talk with your son about what he and his father talked about. That puts the child in the middle and may make the child feel like he has to choose sides. Keep the child out of your issues with each other.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact a Family Law attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

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Answered on 1/12/07, 11:30 am
Gary Moore Gary Moore Attorney At Law

Re: consent order

You only have to act reasonably. When his lack of consideration effects your job that is a bit much because your job is more important than adjusting to deal with his problem.

I think that what is reasonable is to accommodate the father within the constraints of your job and that he should accommodate you in this way,

If it appears that he is changing his mind again that is simply too much and it is time that you told him that.

He must tell you his plans promptly.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 1/12/07, 11:46 am


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