Legal Question in Family Law in New York

Visitatation re Vacation & Violation of Court Order

I have a court order re visitation of my 11 year old son with his father. He has visitation every Wednesday and overnight every other Wednesday. He has midweek overnight visitation during the week in which he doesn't have weekend visitation which is every other weekend. The court order clearly stipulates that he must give me 30 days advance notice for vacation time. He was awarded two weeks in July and two weeks in August, not to run consecutively. He notified me July 24 that he would would have vacation with my son beginning today August 1 through August 9 and again August 16-23. However, I informed him that I have scheduled my vacation during these weeks, but he refused compromise and today being Wednesday, his visitation day, he has my son and said he is going to keep him for the week until next Wednesday, August 9. Since he did not give me 30 days notice, am I within my rights to retrieve my son accompanied by the police? What recourse do I have I can not afford an attorney and took out a loan to pay my last attorney who did nothing for me.


Asked on 8/01/01, 11:00 pm

1 Answer from Attorneys
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Visitatation re Vacation & Violation of Court Order

If the court order gives continuing jurisdiction to both the Supreme and Family Court, you can take this matter back to Family Court yourself.

Because of the short time frame, the Family Court may not be able to help, but you could sue anyway, because the father is in contempt of court.

I would call the Family Court. They often deal with people without attorneys. Ask what they can do, and how soon you could get your case before a judge.

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Answered on 8/02/01, 1:33 pm


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