Who's right?

[ICUB4ER]

My stbx and I are still going by the temp order which only states "reasonable visitation". He only wants the kids EOW. My birthday fell on the Saturday of his weekend(the 14th). So, I told him that since I kept the kids on his weekend due to my birthday, he could have the next weekend(last weekend) and we would go from there. He never called or showed up, and he changed his phone number and won't give us his new number, so we couldn't call him.
The kids sat with their bags packed and coats in hand from 5pm to almost 8pm. Since this was supposed to be my weekend, I took the kids to dinner and a movie. When I got home I had a message to call him, he was pi$$ed and told me that this was his weekend and that since I wasn't home, that he was going to file a complaint on me for denying his visit.
I reminded him that he was supposed to have last weekend but he failed to come pick them up, and that this was my weekend. Not to mention that fact that the only contact he has with the kids is EOW when he decides to show up, he says that he just doesn't have time through the week to see them. Who's right here???

 

[ceara19]

If the CO actually states "reasonable visitation", exactly what does he think he is going to put in his complaint? There is no real "RIGHT" or "WRONG" here, the order is to vague. You really need to get back to court and have it clairfied (spell out the actual days he is to have the children, ie every 1st, 3rd & 5th weekend, so that this isn't a problem in the future.)

Personally, if he just jumped right into an arguement without checking WHY the kids weren't there first, I think he was overreacting, but I doubt ig your judge cares how I feel about it!

 

[Halls]

this is a matter that can be resolved in Coparenting Counseling. I suggest before any court action is taken between the two of you that you both consider going to counseling to work out past issues and figure out how to work together better. It worked for me and I deal with an ex that was taking me to court left and right over stuff. Now, I doubt likely we will ever see the inside of a court room again, granted things stay as they are, and I suspect they will. So, look into that.

I always recommend Coparenting Counseling before court. Court sucks!

 

[stealth2]

Actually, simply swapping two weekends doesn't alter the entire visitation schedule. The proper thing would have been offering him the w/e following your bday, and leaving the rest of the schedule as is. So yes, he would have gotten two weekends in a row. Just like you did prior to that.

 

[NotSoNew]

but he cant really file a complaint, reasonable visitation is totally unenforceable.

 

[stealth2]

....True....

 

[ceara19]

this is a matter that can be resolved in Coparenting Counseling. I suggest before any court action is taken between the two of you that you both consider going to counseling to work out past issues and figure out how to work together better. It worked for me and I deal with an ex that was taking me to court left and right over stuff. Now, I doubt likely we will ever see the inside of a court room again, granted things stay as they are, and I suspect they will. So, look into that.

I always recommend Coparenting Counseling before court. Court sucks!

Yes, they can go into some type of mediation FIRST, but they are going to HAVE to go to court to get an order that is more defined than what is currently in place. To make any type of arrangement ENFORCEABLE it will have to be signed by the judge.