We have a custody agreement that states that I pick up my kid every second weekend at spouses residence. It states in a different section of the agreement that I get custody during half of Christmas break, but it doesn’t specify the location of pickup in that section. Now spouse is taking my kid to another state for a christmas visit with relatives and claims I have to pick up my kid from there instead of in our home city (we both reside in the same city in different houses).
It seems obvious that spouse is in the wrong here, but what do I do at this point?
If your custody schedule is set forth in a separation agreement, rather than a court order, your only recourse is to sue your spouse for breach of contract. I would suggest you read the following article: Breach And Enforcement of Separation Agreements
If it is signed by a judge it is a court order, enforceable by the powers of contempt. If she has violated the order you can seek to have her held in contempt. To learn about contempt, read our article: The Contempt Process.
There is no contempt form, so to speak. You will need to draft and file a motion for order to show cause. We have a service where you can get access to a library of legal forms and communicate with an attorney through our Rosen Online Service. This service only costs $199/month, and would be a great resource to help you file your contempt motion.