Legal Question in Family Law in California

My divorce decree states the following: Holidays will take precedence over regularly scheduled parenting time. The exchange times for holidays shall commence at 9:00 a.m. and the return exchange will take place the following morning at 9:00 a.m.

My ex-husband is threatening to hold me in contempt of court and to involve the authorities if I do not deliver the children to him at 9:00 a.m. on my son's birthday which is a school day. He states that because we participate in a home school program, that I should flex the schedule, giving them the day off to accommodate him.

Our son's birthday is October 17th. On August 25, 2011, I offered to deliver the children to him after school on Friday, October 14th, 2011, to be returned to me at 9:00 a.m. Sunday, October 16th so he could spend time on the weekend with him to celebrate. My offer was ignored.

Will I be in contempt of court if I do not deliver the children to him at 9:00 a.m. on our son's birthday?


Asked on 10/04/11, 1:55 pm

3 Answers from Attorneys
Gary R. White Burton & White

Your son's birthday is not a holiday unless your son is Abraham Lincoln or George Washington.

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Answered on 10/04/11, 2:11 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

Unless the court order specifies tha father has son on his birthday, you are not obligated to follow fathers demands. It would be a good idea to spell out in your parenting court order how birthdays and any other personal events are to be handled in the future.

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Answered on 10/08/11, 7:32 am


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