Legal Question in Family Law in California

Assuming that the custody order indicates specific days and weeks for each parent's time with the kids, you either need to comply with the order, reach an agreement, or go to court and request a modification to allow for your vacation.

If you choose to go to court, you can ask for a hearing "on shortened time," meaning that, if you are in a time crunch, you can request a hearing date that is sooner than you would get, ordinarily.

The proceeding you need, if you proceed in court, is an OSC re: custody modification. If you need the hearing on shortened time, you will also need an ex parte application for an order shortening time for the hearing on the OSC re: custody modification.

Certainly, an agreement between you and your ex would be preferable, but, if you cannot reach an agreement and the vacation days are important to you, the court is available.

I agree with Mr. Saltzman, but would add that you are going to have to explain why, after all these years on your custody schedule, you booked a vacation on his time without working out a schedule adjustment first. If you have a good reason, however, and it looks like he is just being unreasonable, then go for it. No matter what, however, the court is NOT going to like it that you guys couldn't just work something out on this.