Q: Hi if my ex schedules activities on my visitation weekend am I required by law to take her?
We have joint custody of our 9 year old daughter with him having residential custody. I see her every other weekend. The court order says he is supposed to ask and discuss all extracurricular activities, medical, religious, and school decisions. Instead he signed her up for soccer in which the the games and practices happen every Sat&Sun on my weekend. She never wants to go, and some days I have things planned like a birthday party for example. He has said if I do not take her to soccer I am a bad parent and he will not allow me to take her for visitation. Am I required by law to take her to something I didnt agree to? And can he stop my court ordered visits if I cant take her? Also the games/practices happen 10mins from him but it's a 45min drive each way for me. If she wanted to go I would take her but she doesn't and cries and begs me not to take her. Oh and I live in NJ
A:
Thank you for your question. I understand that must be very frustrating. My response is predicated on your court case being in a NJ court. You are supposed to agree on extra curricular activities, then you are responsible for taking your daughter during your parenting time. You are not a bad parent. He is not supposed to stop your parenting time without an Order from the court. If he does you will need to file a motion for enforcement. Your motion should also include enforcing the clause that you have to agree on activities. It is unreasonable for him to schedule your daughter for something that infringes on all of your parenting time, especially if she does not even want to participate.
You should consult with an experienced family law attorney to determine your options and move forward with filing a motion to clarify acceptable behavior going forward.
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