Legal Question in Family Law in Massachusetts
Who wins?
My ex lives out-of-state and travels 2 hours to pick the kids up 1 weekend a month on Friday and returns them on Sunday. The Agreement states that he needs to have them back by 11AM, but their hebrew school is at 9AM and he is refusing to bring them back in time for that. In fact, he states he can bring them back anytime he wants. The Agreement states that the kids shall not miss their regularly scheduled activities.
If I bring him to court for this will the kids activities trump his extra 2 hours of parenting time?
3 Answers from Attorneys
Re: Who wins?
You should be arranging a special class for your children, or make-up for the missed class. The facts that you describe indicate that he has at best limited visitation. There is no way whatsoever that the Court is going to cut that back by two hours especially as it means being on the road two hours earlier. Specific hours of visitation trump your right to schedule activities that will interfere with the visitation, in almost every case.
In fact, with due respect, you should be considering -expanding- the time somewhat, in my opinion. If the ex is a good father overall, and loves his children, you have no right to restrict his contact over one two-hour block of religious education every fourth week. I apologize if my response is too black-and-white, but this is what you will hear from the courts, and it is fair and appropriate.
Make the arrangements for the make-up work from Hebrew School and smile. I suspect that your religious leaders, and perhaps even the Supreme Being, will forgive you for letting the father see and love his children.
Re: Who wins?
P.S. The caption was "who wins?" That alone tells me that this is NOT about the children -- it is about you versus the ex, and you insist on winning on this small part. In my answer, the children win -- they see their father, they get their education, and they see their parents -and- the religious leaders accommodating all involved. The CHILDREN are supposed to win, whenever it is at all feasible.
Re: Who wins?
They may.