Legal Question in Family Law in South Carolina
Our Joint Custody Agreement clearly states that summer vacation will be handled as follows: In even years, father will notify mother of his vacation dates on or before May 1st. In odd years, Mother will notify father on or b fore May 1st. If there is a conflict, father has priority in even years, mother in odd years.
In 2011, I notified father if my vacation dates in February. He replied and told me he had already made plans for those dates. I was unable to change my dates, and notified him. He ignored my emails and hand delivered letter, and took the kids on vacation during my requested dates.
I have filed contempt papers and I am wondering what defense he could possibly present to not be held in contempt.
Because my vacation was an invitation from a friend and at no expense to me, I have requested that he be required to pay me for the cost of the vacation we missed. I have also requested that he be banned from discussing the details of the contempt hearing with the children.
I do have emails to back up my case.
Does this sound like something I can win? I am very nervous and feel sure he will have an attorney.
Thanks so much for your help!
1 Answer from Attorneys
I cannot think of a defense he will have as the language clearly states that you have priority in odd years. I do not know if you will get your costs back though since you said there was no expense to you. It sounds like you are correct and it sounds like you will win on your end, but he may respond with a claim that you have been in contempt in another part of your order. If you have been following all sections of your order then you should be fine. I always sugges that someone takes an attorney with them to court and if you have time I would suggest that you get an attorney to go with you.
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