Legal Question in Family Law in Connecticut

I have an 11 1/2 year old son who will not spend the night with my ex (his father) nor go away on vacation with him due to the fact that he never knows what is going to make his Dad mad. We have been divorced since our son was 5 years old. His father has never really pushed the issue and I have never said our son can't go. In fact - I provide my ex with access to his son almost any time he asks to see his son (which is usually only to throw the ball around for a short time & then he leaves) unless we already have plans. My ex is now telling me I am forbidden to take our son on vacation since he won't spend the night at his apartment. My question is two-fold: (1) can he prevent me from going away on vacation and (2) can he force his son to spend the night at his house since all these years have passed without him making any real effort to keep him overnight.


Asked on 9/22/10, 12:45 pm

1 Answer from Attorneys
Linda Subbloie Linda A. Subbloie, Esq.

I don't know what your divorce decree states regarding access time so I really can't give you a definitive answer. However, if your decree does not prohibit you from taking your son on vacation, then I do not believe he can stop you.

With regard to "forcing" children to visit, I do not believe anyone can "force" a child to visit with a parent, although the age of the child does have some bearing on how much control you have over the child. The better answer is that you should go to court and get this matter resolved one way or another. Your son probably needs a GAL or Attorney to repesent him. Furthermore, a therapist may be an additional solution.

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Answered on 9/27/10, 12:55 pm


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