10:58 PM my daughter should be in bed


#1

My case like most is quite messy and complex. I will try to spare all of the unnecessary details and just say this-- My ex and I have a 23 month old daughter. We share 50% joint legal custody. I am the custodial parent. He has visitations every other weekend from Friday at 3pm until Monday at 8am. He comes from a wealthy family, is a pilot, and has access to his own airplane. Our child custody agreement was filed with the courts January 2012. He has now served me with motion to modify custody, because he has the financial means to take me back to court.

So now fast forward to this past weekend. He picked our daughter up from her daycare Friday afternoon. He texted me to tell me he was flying to New Jersey for the weekend and would be back Sunday. (He has family in NJ) The flight is approx 2.5 hours. I can track his flights on www.flightaware.com using his tail number. He did not depart North Carolina until late Friday evening and did not arrive to NJ until 10:58PM. Because of his childishness and refusal to co-parent with me I have no idea how my daughter is doing while in his care. I get one word text messages when I inquire. I asked him Sunday if his intentions were still to return home on Sunday–he responded to my text saying yes, he would be leaving later in the day. The weather turned quite nasty here Sunday night and I was on edge unknown if he planned on leaving still. I texted him and he responded a short time later saying “leaving in morning” I said OK.

I was absolutely LIVID to wake up this morning to discover that he had filed a flight plan at 2AM for a departure of 4AM Monday morning.

I have knowledge to believe that the reason he left so late on Friday and so early on Monday morning was to accommodate his new girlfriends work schedule. Is there any legal actions I can take against him besides documenting this for court? He is putting his needs and wants and the needs/wants of his girlfriend above our 23 month old daughter.

I feel it’s very important that our daughter feel safe and secure with a routine. It is ludicrous that she is traveling at 11PM on Friday and 4AM on Monday. A 23 month old baby should be fast asleep, warm, and snugly in their beds during this time. Is there anything I can do? This isn’t necessarily a one time thing either-- he has the financial means and ability to take her to NJ every single weekend of his visitation if he so wishes.


#2

Unless he is in violation of a provision of the court order, you do not have an action for contempt against him. If you feel that his actions are not in your child’s best interests, you could file for a motion to modify based on his actions, but in my opinion, late traveling is not out of the ordinary and unless you can show how it is negatively affecting her (besides your desire for your child to be in a routine) then you may have difficulty winning your case.