Legal Question in Family Law in Michigan
Scheduling conflict
My ex-husband and I both want to take a vacation with our 2 children this summer. The trouble is that we both want the same week. I notified him a few days ago that we had made plans for a vacation for a particular week. He wrote me a letter stating that I could not take the children that week because HE wanted to take the kids. He has threatened to take me to court over it. My ex-husband and I have no form of constructive communication and I do not know how to resolve this. Usually, when a scheduling conflict occurs, I usually back down because the kids live with me and I don't want to cause heartache for them, but in this case, I can't change these plans. The question is, who gets the kids for that particular week? Please advise as soon as possible, as time is an issue. Thank you.
1 Answer from Attorneys
Re: Scheduling conflict
To Whom It May Concern:
This is in response to your email of May 2, 2001, which this office received on June 18, 2001.
You first should review your Judgment of Divorce (�Judgment�) to determine whether there is a provision, which addresses notifying each other of summer parenting time with the children. If the Judgment is silent, then you may want to file a motion with the court to resolve this issue. If you can prove to the court that (1) you sent him written notification of your vacation agenda, before he notified you, (2) you have incurred significant expenses for vacation, (3) in the past you have let your ex-husband take the children whenever there was a conflict in your schedules. You have a good chance to be successful.
You also could simply take the children on your vacation without the court�s intervention. Your ex-husband has no present recourse pursuant to your Judgment. Therefore, technically he cannot stop you. However, a unilateral action of this type may offend your ex-husband, create further difficulties between the two of you and make any future dealings regarding your children more difficult.
If you have any questions please contact me at (313) 561-5700.
Sincerely,
Michael D. Eberth
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