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View Full Version : Can a ex spouse deny summer visitation


jchurch70
May 6, 2010, 07:41 PM
My husbands & his ex spouse have a visitation agreement. We just moved to Hawaii due to his job in the Military. She has told him that he will not get to see his daughter for there scheduled summer visitation until she gets certain things she wants and that the visitation agreement doesn't cover interstate traveling. I have never heard of this and nothing in the agreement says anything about interstate traveling. She has as well as we have traveled during vacations with the kids. Can someone clarify this for me

stinawords
May 6, 2010, 07:57 PM
How long has he been in the military? If it has been for a long time that is actually a good thing because the order would have been made up while he was in. It is pretty much common knowledge that military families can get moved around a lot. Therefore he will need to go back to court if she refuses to allow the child to spend his ordered time with him. He should really look into getting a lawyer that will go to bat for him because he has to go back to the court that made the order. The visitation order obviously needs to be modified/clarified by the judge to cover these things.

jchurch70
May 6, 2010, 08:01 PM
He has been in the Military over 17 years and when the visitation agreement was done his military info was brought up and noted. He has contacted his attorney so we will now wait to see. Just nervous about this whole thing

cdad
May 7, 2010, 01:39 PM
What is it she is wanting from him? Some of it may be normal. Like copies of round trip tickets and some kind of schedule to go by. What is it she fears?

stinawords
May 7, 2010, 05:55 PM
As calif asked what does she want? Because some of it may be uncalled for, however, some of it like him paying for travel expenses are normal. While I fully back the military it isn't her decision for him to have been in and therefore any added travel cost is then placed on the NCP.

jchurch70
May 7, 2010, 06:04 PM
She wants money. The child support changed and she wants more and until she gets it she thinks she can hold out on the visitation. It has nothing to do with schedule and travel expenses, we pay all of the travel expenses.

cdad
May 7, 2010, 06:08 PM
She wants money. The child support changed and she wants more and until she gets it she thinks she can hold out on the visitation. It has nothing to do with schedule and travel expenses, we pay all of the travel expenses.

Then he will need to take it to court if she denies him again. If she wants more from him then she can go to court and prove it. But child support is totally separate from visitation issues. And from where he is looking from, this could turn into a caus for a custody change. She is being totally inapropriate.

Fr_Chuck
May 7, 2010, 06:12 PM
If she denies it then you file for contempt in court against her

stinawords
May 7, 2010, 09:18 PM
So she is mad that the support order changed? That, as mentioned, is completely separate from visitation orders. He gets visitation as ordered by the court so if the mother does not follow through with the visitation schedule then he will have to take her back to court again. If she thinks the support order should be higher then she will have to go to court to show cause of why the support order should be modified. But again, that is a separate issue.