My ex-husband has taken our daughter for his annual week vacation with her but he has not told me if they are going out of town, which I believe he has, and he has turned off his cell phone so I have no contact with him or our daughter. Is he required to tell me when he takes her out of town even it does not specifically state that in our separation agreement? What about having her available to get in contact with? Is that just a something he should do to be considerate but not required? When you dont speak with your child for a week you don’t know if they are fine or if you should be worried. Thanks.
If your separation agreement does not specifically require he tell you of his vacation plans he does not have to do so, the same goes for his not allowing contact with the child. He may not be in breach of the agreement, but that does not make what he is doing right. If he continues on this path of behavior you may want to consider filing an action in court for custody to have the court determine the parameters regarding the custodial schedule, notice and communication requirements.
I have previously asked about a similar situation, where my ex wife is only allowing me to speak with my two year old son twice a week. Is there a way for me to file something to have a set where she has to allow him to talk to me while he is with her? The current TPA in place simply says he is to be allowed reasonable communication with the other parent. She only wants to talk to him twice a week when he is with me because she likes being “free” as she likes to say but I want to talk to my son every day for a couple of minutes at least.
If the TPA does not specify the amount of phone contact, you are in a way limited to what she will tolerate. You should seek a provision in your Order (when your next hearing is set the judge will issue and order), an exact number of calls per week that she must facilitate.