When does < parenting time > end?

[bsb]

This is in VA

I have < parenting time > for the first weekend of every month - I live 10 hours away, any way my question is this.. I get my kids at 4:30PM on friday when they out of school - however sometimes I have to catch an early flight on Sunday - 6:00 am or so, my current wife's parents have been keeping the kids until 4:30 then droping them off at there mothers. She claims that my < parenting time > ends when I get on the plane and leave. It is my understanding that my visitaion would end at 4:30 PM pm sunday wether I am there or not.

This is beging to be a serious issue with her and I want to set her straight on it.

Additionally if I am not able to see my kids on my < parenting time > shouldn't my wife be able to have that time with them since it is legally our time.


Thanks for any help I can get.

[Pete]

If the court order says 4:30, then that it is what it is.

However, techically, the < parenting time > is only your time, not your current wife's. Your current wife has no standing with that respect, and if it were argued in court, it would be unsuccessful.

While it is certainly reasonable that your wife maintain the < parenting time > "as ordered" when you are unable to, it is also certainly reasonable that the child's mother have the child when you are unable to exercise your rights. That being said, the court ordered time ends at 4:30, the argument ends there on that point. However, if your ex wife chooses to seek a modifiation of the custody order to specify that you must be present for the < parenting time >, she can likely have it changed fairly easily, particularly if you are not able to present for the full allotted time.

It kind of works like this....the court will not see it as your time ( as a couple, i.e. in your context above), and will see it as time ordered for you to exercise parenting time with your child. if you are unable to exercise your rights, than the other parent, if able, should be able to have the child.

The court would also likely agree that your < parenting time > ends when you personally are not physically able to exercise the time.

If your current decree has something to the effect of a right of first refusal granting the other party first choice when the possessive parent is unable to be with the child, your ex wife would be able claim that as well to obtain the child at the time you board the flight.

[bsb]

There is no set time established in the order - We have allways just used the 4:30 time.. however my flights norm leave anywhere from 6:00 Am to 12:00 pm

< parenting time > order reads:

"Father is granted < parenting time > includeing first weekend of each month from Friday to Sunday unless children are off from school on Friday or Monday - Then father has extra day-"

Any feed back would be helpfull.

[Pete]

bsb,

It is a violation of a court order. Period. A really bad idea. The court would then think that if you have that assumption then you might as well keep them all the time ("since they are with you and she knows it").

Also, she could easily claim she did not know they were with you. Either way, violating a court order is a bad idea. better to try and resolve it amicable as Nuke suggests in your other thread.