Legal Question in Family Law in Massachusetts
Child visitation
My divorce document states: ''If either of the parties must cancel a scheduled visitation date, he or she shall provide the other party with at least 24 hours advance notice of said cancellation''. Something came up this weekend that my kids would like to attend & i sent my ex husband a letter return receipt requested to let him know I was going to cancel part of his visit with the kids this weekend. I gave him the option of keeping them for half the weekend. Since I gave him more than 24 hours notice, can I do this? My kids are 17 & 15 & should be able to make up their own mind about this event. I have full physical custody of the kids. Thank you
1 Answer from Attorneys
Re: Child visitation
Your children are certainly at the stage at which they have some say over their schedule. After all, neither you nor husband can tie the children and put them in the car. However, they should also clearly understand that there should be negotiability, as should you and your husband. You should work out alternatives.
Your situation implies that you have had a high-conflict divorce, and that you restrict visitation to your ex-husband's "clear" schedule. While there may have been some good reason for this in the past, is it not possibly time to reduce the tension from both sides?
Unless there is a significant threat of relationship violence, I suggest that you and the ex-husband engage a mediator of some kind. I usually suggest an attorney mediator only, but a therapist as mediator may be in order to help you develop coping tools.
Gregory P. Lee
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