Legal Question in Family Law in California

I have court order that shows "alternating weekends" for custody with my ex. I had my kids two weekends ago, then last weekend they were with my ex. It was her weekend, plus she had the kids for Spring break. Now she says this weekend is her weekend because last weekend didn't count because it was spring break. Our orders do say holidays take precedence. But for example if the kids are with me on Mother's day, they visit her on the holiday, then come back to me. It is still my weekend. Last weekend was her weekend PLUS her holiday. She says no. Our court orders do not say spring break is 5 days or 7 days or encompasses the weekend or anything. And our weekend order just says "alternating extended weekends". Should I try to file an ex-parte this morning because she stated I can't have the kids this weekend? Do I wait until Monday to take court action or do I call the police tonight when she doesn't let me have the kids?


Asked on 4/20/12, 5:48 am

1 Answer from Attorneys
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

You likely will need to do both. Call the police AND go back to court for clarification. It seems you will have to have a very detailed order with her to prevent her from being unfair to your child. Your child needs access to both parents, and even if she thinks she is right, creating this situation by being obviously unfair is not good co-parenting. For futher information, visit http://www.ellifritzlaw.com

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Answered on 4/20/12, 9:15 am


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