Q: Current custody specifically addresses 2014 only.Do I have to adhere to a visitation agreement my ex emailed me for 2015
The current agreement only outlines 2014 holidays. It says nothing about alternating the following years or anything about holidays after that. The custody was to be reviewed June 2015 and has been continued ever since. Currently there are no orders in place. My ex is not cooperating with me about holidays this year, do I have to go along with her proposed visitation that she is demanding?
A: You didn’t say when your hearing is coming up, so I don’t know if your next hearing will help you before the Winter Break. The courts don’t consider this to be an emergency and so ex parte (emergency orders based on 1 day’s advance notice) will not be granted in most case. So, unless you file right now for orders for Christmas and New Years, you most likely will not be able to get into court for orders for those holidays. It is already too late for Thanksgiving. Your choice is to negotiate with your wife or to file and ask the court specifically for those holidays while the rest of your case is pending. Part of that will be demonstrating to the court that you have “met and conferred” with your wife to try to work this out before you file. Emails, text messages would be good to attach to your Request for Orders.
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