The marital settlement agreement does not provide for vacation with 4 year old child (prepared by ex w's attorney). He currently only had her the 1st and 3rd weekends. Father has requested vacation time with child and has been told by mother that he has no vacation time. Does he have to go to court to get vacation time or is it on mother to go to court to get an order denying it?

Since it is not in the order and mom is not going to go to court to get something denied that she already said no to it would be up to the father to go and request it.