Legal Question in Family Law in Florida

My Modification of Visitation says as follows: The Former Husband shall be entitled to two (2) extended weekend visitation(s) with the minor child per year to be chosen by Former Husband with sufficient and reasonable notice to the Former Wife. The extended weekend in Florida will consist of no less than (three) (3) nights and no more than (four) (4) nights and shall not interfere with the Former Wife's holiday entitlements. The Former Husband shall provide the Former Wife with at least ninety (90) days notice of the extended weekend visitation that he wishes to exercise pursuant to this paragraph and shall provide the Former Wife with the itinerary as to where the minor child will reside.
The Former Wife testified that the child and the Former Husband have a good relationship and that it is in the child's best interest to continue to have a relationship with her father. The Former Wife also testified that the child would "love it" if the Former Husband could spend time with her in Florida and attend her sporting practices and events. The Former Wife further testified that, upon reasonable notice, the Former Husband could have visitation whenever he was in Florida because it "does not disturb anything". This would include the Former Husband taking the child to her sporting practices and events. Lastly, the Former Wife also acknowledged that the child has a good relationship with her half-siblings and that it is in the child's best interest to foster this relationship. Therefore, upon thirty (30) days notice, the Former Husband and the Former Wife shall schedule time-sharing when the Former Husband will be in Florida. This includes times when the Former Husband is in the state alone and when he is here with his current wife and sons.
I am the Former Husband and live in Michigan. My question is. . . My ex-wife tries to decline visitation whenever she can, but my attorney told me since the above order came in place that whoever requests time gets first pick. I asked for time next year in February and April (2012), aside from my regular current visitation. First she said it is too early to tell, then she said no that she already has plans. What can I do about this? File a contempt of court charge?

Asked on 8/30/11, 11:39 am

Carolyn Jones Law Office of Carolyn R. Jones

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If she won't comply with the court orders you need to file a Motion for Contempt and set if for hearing.

Answered on 8/30/11, 12:01 pm

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