Unauthorized pickups

[sillysmiles24]

What is the name of your state? FLorida

i live in virginia but my divorce was approved in florida. school ends in 2 weeks and my ex husband has not given me a written itinery for the summer plans. the papers say "notice in writing of intent to excercise summer timesharing shall be given by secondary residential parent (the father) no later than May 1st". he also is not in the geographic area.

my question is:

* what can i do about unauthorized pickups since him and i have not established an itinery of the summer.
He has threatened to pick up my son from either the school or daycare and take him out of state for the rest of the summer.i am not authorizing it. someone please help.

 

[I AM ALWAYS LIABLE]

What is the name of your state? FLorida

i live in virginia but my divorce was approved in florida. school ends in 2 weeks and my ex husband has not given me a written itinery for the summer plans. the papers say "notice in writing of intent to excercise summer timesharing shall be given by secondary residential parent (the father) no later than May 1st". he also is not in the geographic area.

my question is:

* what can i do about unauthorized pickups since him and i have not established an itinery of the summer.
He has threatened to pick up my son from either the school or daycare and take him out of state for the rest of the summer.i am not authorizing it. someone please help.

My response:

Inform the school, and his/her teacher, that your child is ONLY to be released to you; that there may be a kidnap attempt by the father. Pick the child up everyday during the final week, and wait by the classroom door to do so.

IAAL

 

[nextwife]

IS he required to give you a written "itinerary" or are you using that term to refer to written notification of intent to exercise summer visiation and the dates? Is the question whether he may exercise court ordered visitation time, or whether you need send him if you have no itinerary of his specific summer plans (other than being notified of the dates)?

 

[kidoday]

Ok I get it. I had to re read IAAl's response and your initial question. He hasn't given you a written response, so therefore, you are going to deny him the summer vistitation due to formalities.

I agree with what IAAl told you to do. Do not authorize this summer visitation because he didn't give you the written request as required. I bet next summer he does, and you will have no choice but to let your son go for the summer as "written" by the court order.

 

[PennyLane]

What if...

What if the NCP indicated in passing they were interested in the visitation and recognized that no letter of intent to exercise summertime visitation was ever written. Would the CP wise to schedule the visitation anyways and overlook the NCP's mistake?

 

[kidoday]

Right now legally the court is on her side, since OP has written that he did not give his inentions in writing by May 1st. It is a he said she said thing, unless he can provide proof that he did notify her in writing.

 

[nextwife]

Depends on whether you want to punish your child by making them miss summer visitation with their daddy because of it.

There are only so many summers we have as kids to spend some time with our parents, and one never knows whether there will be a chance in the future. It's hard for me to say "there''s always next year" when My experince, losing my father while he was still young, and my cousin while his kids were young, is that there is NOT always next year. I very much cherish the time each summer I did spend with my dad.

 

[Lil Miss Smarty Panties]

The use of the word "itinerary" is throwing me. Are you expecting a detailed list of events for every day of summer visitation? Has he, in fact, given you notice of his intent to exercise visitation?

 

[stealth2]

I agree, nw.

There really isn't enough info to tell whether denying him the summer is reasonable..

 

[sillysmiles24]

Ty for the input...

ty guys for the input. by no means am i trying to deny my child from seeing his father this summer. it's the point that he claims he still has all rights to pic him up and take him for the summer without my authorization even though he didnt give me an itinery by the deadline date. he makes a habit of this by just taking him as he pleases and keeps me wondering when and where he is. i just want bit of control considering i am the primary guardian.

 

[sillysmiles24]

IS he required to give you a written "itinerary" or are you using that term to refer to written notification of intent to exercise summer visiation and the dates? Is the question whether he may exercise court ordered visitation time, or whether you need send him if you have no itinerary of his specific summer plans (other than being notified of the dates)?

it's a general divorce decree and states that his summers are from the time school is adjourned until 5 days before school starts up again. he has to let me know when he is picking him up and when i should expect him back.

 

[stealth2]

If he's supposed to provide you with pickup and dropoff times, that's one thing. But you don't mention the decree requiring him to provide you any further information as to how he intends to spend the summer. You don't get to control that. During visitation, the child is in his custody - he gets to make the decisions.

If you refuse to allow him to take the child and he takes you to court, expect a judge to tell him that he should have given you the p/u & d/o info and then to tell you to get the child ready to go.

 

[PennyLane]

Sometimes divorce decrees do state that an itinerary and contact information must be given to the custodial parent if the NCP is taking the child out of state, which she indicated he would be doing by saying that he is coming from another state, and taking the child with him for the summer.

Does your decree include this?

 

[nextwife]

Yes, he should have provided pick-up and end dates in advance. No, he should NOT be obligated to provide an "itinerary" of the time that he has elected for, any more than you are, for your time. You state you knew he was planning to exercise summer visitation?

I did not see where the CP stated the decree requires an "itinerary" of all summer plans, only notification of intent to exercise summer visitation time and exact dates to start and end. Man, I sure don't have an itinerary of all my plans for my kid's summer..