Setting a precedent


#1
  1. My husbands ex-wife has allowed us to have the children on the Saturday before Thanksgiving for the past two years without issue but now she is going through a divorce and is being bitter to everyone under the sun and despite her lack of following the court order she is now demanding that we do. The court order says we can have the boys from the time school recesses on Tuesday before Thanksgiving until the Sunday before school begins again. My question is can we argue the fact that she has set the precedent of the longer visitation beginning on Saturday and get them then or do we have to start to get them on Tuesday as is in the order?

  2. In the order it says that for the Christmas and summer visitation we have the option to drive the children or fly them from Wilmington at our discretion but in another paragraph it states that when they are old enough to fly as unaccompanied minors (which they are) it is her responsibility to get them to the airport on time for their departure from North Carolina to Massachusetts. Since she is not letting us have them early we would like to make the flight as short as possible and want her to get them to Charlotte for a direct flight to Boston. She will not do this willingly as it is an inconvenience to her and frankly would benefit us which she will go out of her way to avoid. My question is can because it says fly them out of WIlmington for the Christmas and summer visitation but does not mention the Thanksgiving holiday specifically can we make her go to Charlotte because it’s still in North Carolina as stated in the other paragraph?

~Thank you!


#2

She is entitled to enforce the order as written. Her earlier concessions do not change the letter of the Order. You cannot make her drive to Charlotte. A judge would interpret that Wilmington is the only airport she is required to transport them to.