I know I'm asking mamas and not lawyers but I'm curious if anyone has had experience with this. My DH has a visitation agreement set up with his ex through the courts that spells out the specifics for each visit in his DS's state through the end of the year and then we can start bringing him home (9 hours away) for a week every other month. We have worked long and hard to get this and not because DH is a bad parent but because of control issues that his ex has only. There is absolutely NO reason for him not to have liberal access to his son, just to preface this. So. We have followed every single visitation requirement to the "T" up until the November visit. DH thought that the agreement stated that we had DSS the three day weekend after Thanksgiving and let his ex know by e-mail that week that we would be picking up DSS on Friday for the weekend. Long story short, he was supposed to give two weeks notice of whether it would be the weekend before or the weekend after Thanksgiving so because of this mistake on his part his ex refused to let us have DSS for our visit. We had already paid for a hotel and everything and b/c it was through Priceline it was not refundable. In the agreement, for visitation through the end of the year, it gives an outline of how and when each visit should go and at the end of each of those paragraphs it states that the "visitation shall take place provided visitation has been exercised as set forth herein" then it proceeds to the next visit, and so on. DH's ex is refusing to allow us the visit we are supposed to get after Xmas and will only allow us a partial visit (which is equivalent to the one missed) b/c of this miscommunication last month.
My question is this: Is she legally allowed to do this without going through the proper channels through the court system? I mean, the agreement doesn't spell out what happens if there is an issue like what we're having so I don't know if it's automatic through the courts that she's just allowed to do this or if she has to take the matter to the courts and let them make a decision. Anyone BTDT? We're supposed to have him in our hometown starting in January and it's going to CRUSH DH if we can't celebrate DSS's birthday with our extended family, who have only seen him ONCE in the past 2 1/2 years because of her. And for the record, we are doing this on our own, without an attorney...at least up until this point. We're looking at getting an attorney if we can figure out how to afford it.
More info (history of DH and situation) is in the original thread that I started in Single Parenting: http://www.mothering.com/community/forum/thread/1286423/question-regarding-visitation