Help with ex's going @ "right of first refusal"

interesting [:)]

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interesting [:)]

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Again, it’s too bad these gambling site idiots are ruining the integrity of the site. That aside, while the order says you have the right of first refusal, the only way to compel him to do it is to go back to court and charge him with contempt. I feel like the wording is more of a good-faith effort to get you two to share time with your daughter; it was in my order too. But realize that it’s not always going to be convenient for him to find you, arrange for the swap, and arrange for the drop-off. I don’t expect my ex-wife to call me every time she goes to the store shopping, but if she goes away for a night, then I would appreciate it. My advice is, pick and choose your battles. The more you have the more the judge will reconsider the “joint” part of your custody.

I need some help regarding the notion of right of first refusal. (This is my first time ever posting to a website so I don’t know if I should have posted it here or in the legal forum).
My ex and I signed our custody agreement giving us joint legal and him primary physical custody. In the document is “right of first refusal” if he will be away from the child(ren) for more than five hours.
Two weeks ago my youngest child (4 yr. old girl) had finished day camp and had not yet started school. Even though I am off for the summer and asked to have her with me during the week (on more than one occasion), he left her with someone else (a 20-something male) at his home, came home for lunch, went back to work 30-60 minutes later, and he got around the order that way. I was free day and night that whole week and would have been happy to have her with me any or all of that time.
I can’t believe that the intent of the law is to allow him to get away with this. Is he violating the order with this behavior or is he successfully finding a way around it? Is there anything I can do to prevent this from happening again? There are two more days when this will be an issue before school starts, and I want to know my rights.
Thanks.