I have a question for you. I have an every other weekend visitation agreement. My ex started working as a nurse. She worked every other weekend and there was a conflict with her off weekends, i had the kids when she was off. she wanted to roll weekends which we did in Oct. 2014. Last week she now wants to roll weekends again. This is causing problems in my own house. I said no to the latest change. She held the kids this past weekend because she was off on her new schedule which was my weekend. She is threatening to withhold them again if i do not change. What are my options about not caving into her latest demands. I will probably be calling your office tomorrow for a consult.
ANSWER:
In the situation that you are described to me, your wife is in contempt of court. You do not have to do anything that is contrary to the court ordered visitation agreement. The fact that your wife held the children, without your permission, is a violation of the court ordered visitation agreement. What we will do for you in the situation is file a motion for contempt and a motion for attorneys fees. There is no reason that you should be paying for having to take her to court because she violated a court order. It is also important that she be reprimanded by the court, for violating a court order. Also the fact that she is now in contempt of court, will work in your favor in the future for any other court proceedings pertaining to these children. She has already demonstrated that she has no problem with violating court orders and in fact is threatening to do the same thing again. Divorce court judges do not appreciate this behavior, because there’s no reason for you guys to be back in front of a judge again and it simply wastes the court’s time. You can find our contact information listed below, just give us a call and we will take care of this for you. Please keep track of everything that your wife has done in violation of court ordered agreements, as this will also be important for the motions we will be filing for you.
Joseph F. Botelho, Esq.
BOTELHO LAW GROUP
Attorneys At Law
901 Eastern Ave.
Unit 2
Fall River, MA 02723
Office: 888-269-0688
Email: jbotelho@botelholawgroup.com
https://www.botelholawgroup.com/
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