has your ex explained why? illness? work obligations? has he offered any compromise to take the child/children another time? Can you ask him if he would pay a portion of babysitting costs? Do you have a family member who can help with watching the children instead of paying a sitter?

He has stated that he as already asked off for work for the weekends he has the kids (every third weekend of the month). Now he has stated he has to work. I do not think that it is my responsibility to find a babysitter nor pay for it since it is his scheduled and ordered weekend. My family, have their own family to take care of. We have three kids and do not want to ask them to watch three other children for the whole weekend.


I understand that you have other plans, but you have to take into consideration that he has to work in order to keep making those support payments. Sometimes there’s just no way around it.

There’s probably not a whole lot you can do. Make sure that you keep a record that this was him not taking visitation instead of you refusing to let him have it. It’s unfortunate that he only sees them a couple days a month and it’s entirely possible that he is doing this on purpose to make things difficult for you. Maybe he feels that it’s not fair that he only sees them two days a month. That’s not a whole lot of involvement in their lives and with three children, it couldn’t be easy to form any kind of relationship with them in the amount of time he has them. To me it would be easier to not get them at all than to try to cram all that into two days. Just my opinion, but this may get worse as they get older.

That is what the court ordered since I have since moved out of the state and the judge did not want the children on the road some many times during the month. However, when they get extra days out of school I let them go even when it is not this weekend so he has the extra time with them. We have always been civil when it comes to his visitation with the children because it is not enough time to spend with all of them. I have never denied him visitation nor would I those are his children as well and they need a “father figure”. Thank you for your response…


Dear brayburn:

Greetings. It depends on what you have in your court order or separation agreement. If it says that he is responsible on his weekends, then he is. If you do not have an agreement or the agreement is silent on this issue, then the answer is likely no, he does not have to repay the same. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

My ex husband is suspose to have his weekend visitation this weekend and has called and said that he can not excersise his visitation this month. My question is… I have major plans this weekend and he know this and I feel that he is doing this on purpose. Can he be ordered to repay babysitting fees to me if he does not take his visitation on his ordered weekend.