Mom not allowing visitation

[gejewels]

What is the name of your state? Illinois
My husband's ex wife recently took him back to court to increase child support. After the court substantially increased his support, he explained to the ex wife and the children that he would be working more. He works in the construction field and has a rough time through the winter. He is working any Saturdays he can. She became irate because she had plans to go out of town this weekend and he had to work. She refused to allow the children to be picked up on Saturday afternoon. I understand this as she does not have to sit around all weekend and wait for him to pick the kids up. Now, she is refusing to allow anyone to take the children on Christmas Eve if he works. He has visitation starting at 9 AM. If he is not there to pick them up at that time, she will not allow him visitation at all. She is refusing to allow any other family members to pick him up. Is this allowed? I thought because it was his visitation time, he could decide if someone else would be picking them up. She is insistent that she will not allow the children to leave with anyone but him. If he is allowed to have someone else pick them up, how do you enforce this? She lives in Wisconsin but divorce was finalized in Illinois. Thanks to anyone who has advice.

 

[BelizeBreeze]

She refused to allow the children to be picked up on Saturday afternoon. I understand this as she does not have to sit around all weekend and wait for him to pick the kids up.

And you would understand wrong.

Now, she is refusing to allow anyone to take the children on Christmas Eve if he works. He has visitation starting at 9 AM. If he is not there to pick them up at that time, she will not allow him visitation at all.

Without knowing exactly what the visitation order states (WORD FOR WORD) there is no way to tell you what is right and what is not. So, I suggest you tell hubby to come here and type out exactly what the order states.

 

[gejewels]

Unfortunately, my hubby is working and has asked me to look into this because we are getting pretty close to Christmas. Word for word, the divorce decree states "Husband's visitation shall include the following: Weekend Visitation: on alternating weekends, commencing at 6:00 p.m. on Friday to 6:00 p.m. on Sunday.
Division of Christmas Vacation - Christmas Eve and Christmas Day: For the purpose of celebration of Christmas, Christmas Eve shall be celebrated between the hours of 9:00 a.m. and 8:00 p.m. and Christmas day shall be celebrated between the hours of 9:00 a.m. and 8:00 p.m. Husband shall have the children on Christmas Eve and Wife shall have the children on Christmas Day.

 

[BelizeBreeze]

Then if Hubby wants someone else to pick the child(ren) up during HIS visitation, he'll need to return to court to modify the order for third-party pickup and dropoff.

As it stands now, the ex is legally correct.