Arnold, MD asked in Divorce and Family Law for Maryland

Q: Cancelling vacation schedule after confirming it?

The divorce settlement between my ex and I states she has one (summer) vacation week that she has to give 30 days notice to me for. A few weeks ago, she emailed the vacation week she will be taking; however, a week later, emailed again that she will no longer take the vacation the week she confirmed. My issue is I went ahead and made plans for myself (including non-refundable hotel rooms) since I was under the impression my child would be away that week. The divorce settlement does not state anything about cancelling the vacation (only that 30 days notice is required to take it) - we are well within the 30 days notice - the vacation was scheduled to take place in 2 weeks. Can it be enforced that the vacation remain at the week it was previously confirmed since I now have non-refundable plans plus the nanny for the child was also under the impression the child would be away that certain week.

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1 Lawyer Answer
Dawn Renee Gould
Dawn Renee Gould
  • Denver, CO
  • Licensed in Maryland

A: Unfortunately, you won't get a court hearing within 2 weeks so you can't get an immediate resolution through the courts. You can however advise her that she is to STILL take your child the week that she said she was going to take your child and advise her that even though she may not be "going" on vacation, she is to stick by her word and the access schedule. If that doesn't work, you can suggest that you go to mediation within these 2 weeks and the mediator might be able to come up with a resolution. Also, as you may have non-refundable hotel rooms, in the end, it's what's best for your child and you may have to forego your own plans so that your child knows that your child will have place to go that week. More facts are really needed to asses your situation, but I would suggest that you modify your access agreement to prevent something like this from happening again.

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