It seems as though you should have your daughter this week, as I originally thought. If this were the only issue I would say let it go, however if you will be filing a motion for his non-adherence to other parts of the order you may as well include his refusal to resume the normal schedule as well. As they say
The custody order states the following:
“The Plaintiff (him) shall have visitation with the minor child during one-half of Christmas holidays during even number years from 4 pm Christmas day through the remainder of the Christmas Holidays, and the Defendant (me) will have the minor child from 4 pm the day schools gets out for Christmas until Christmas day at 4 pm.”
“The Defendant (me) shall have visitation with the minor child during one-half of Christmas holidays during even number years from 4pm the day school gets out for Christmas until 4 pm Christmas day and the Plaintiff (him) will have the minor child from 4 pm Christmas Day until school resumes.”
Our regular schedule is Friday to Friday (one week on, one week off) and I had her the week BEFORE Christmas (emphasis on before because that’s what he’s saying makes the difference). Also, in this order I am listed as the Defendant and he is listed as the Plaintiff although he was not even present that day in court and I was the one to file for an order. I mentioned the mix up to my lawyer, who said it wouldn’t make a difference. Seemed strange to me.
Anyway, the magistrate that said YES he IS in contempt has no ties with my ex. The one who said NO he IS NOT in contempt is somewhat of a family friend on my ex. Also, after speaking with the first magistrate, I asked if I had the right to pick my child up from school today (Tuesday - one day after I THOUGHT she was due back) and he said YES she is your child and she is supposed to be in your custody. So, in order to keep things calm I decided to discuss the whole situation with the Principal (court order in hand) before picking her up. Turns out the Principal says he is NOT in contempt, that it is his scheduled week due to me having her the week before Christmas; the kicker here is that my ex’s wife is an employee/teacher at the same school AND this principal used to be my ex’s principal.
It just seems that everyone who has any knowledge/connection with my ex says NO not in contempt, but everyone else says YES.
My ex didn’t even know what the order said prior to Christmas until I explained the schedule to him. Then, when it got closer to Christmas he decided it was his week and informed me he was not sending her home when “school resumes.” I was told by my ex-lawyer (who helped me get the order) that my ex told his lawyer that his wife has week on, week off custody with her daughter and if he didn’t get to keep her this week that would mess up the schedule with the girls being together one week, and both being gone the next week. It’s a convenience thing for him and it seems very dirty.
I just want to know somehow if I have the right to file contempt; if this is really my week or not. I will admit that I had an affair that ended the marriage and I am now paying for it because my ex is working out of spite and those “connections” don’t care for me much either because they all know about the affair. I feel helpless and still very confused. I want to do what is right in the matter… do I file or let it go?
There are other issues such as not having my daughter available for the court ordered phone calls and some court ordered money that I was planning on “lumping” together and filing. Should I file contempt for the “holiday schedule” as well?
Thanks for your time and response - and sorry this one was soooo long.