Change of venue hearing , but really for vacation time


#1

So my husbands ex is taking him to court on monday for a “Change of Venue” but she let it slip in an argument that what she is really going to discuss with the judge is a 16 day vacation she wants to take the kids on.

There is no custody set all we have is a schedule signed by my husband, the ex and a judge, nothing is in there about any vacation time or anything like that. If there is a change both parties have to sign a written agreement or the schedule stays the same and whoever is not going by the schedule is in contempt.

Ex wants to take kids out of state for 16 days, my husband told her they could compramise @ 7 days, she got angry and filed for anything that would get he in front of a judge, it just happend to be “change of venue”.

We need to be prepared so my question is…can she go into a hearing about “change of venue” where the only thing listed is that she wants our case moved to another county and can she bring up the vacation situation and have a chance of the judge changing the schedule. I don’t think it’s a good idea to waste the judges time but that’s my opinion. Should we go in ready to fight over vacation time or will the judge dismiss it if she goes into anything other than the change of venue?

Thank you so much for your insight


#2

If a hearing is set for a change of venue, the only issue that will be addressed is whether or not the case is pending in the proper county.