Changes in Custody


#1

I have primary custody of our three children. The Custody Order in place spells out visitation dates or conditions which require visitation (such as any time the children have a day off from school which gives them a long weekend). My questions is, if both my ex and I agree to alter the visitation dates due to scheduling conflicts, and the agreement is in writing between us (such as via e-mail), can he later complain to the court that I caused the children to miss their court ordered visitation, even though he agreed to it? Could I then be found in contempt, even if I had a copy of the ex’s agreement via e-mail to alter visitation dates?

Or can we make a voluntary agreement/change to the Custody Order and file it with the court stating that alterations in visitation are allowed by mutual consent in writing? This change is mostly at the request of our children, who are all pre-teen and early teens. They must travel nearly 7 hours by car each way for scheduled visitations and they are all extremely busy with activities, etc. We want to all work together to accommodate everyone’s schedules as much as possible.


#2

You absolutely should use the emails as evidence that you have not violated the agreement and that any alterations to the schedule were by mutual consent, which you can prove through the emails. Yes, both of you can file a Consent Order outlining how and when the custodial schedule can be altered to avoid this problem from happening again.