Q: Our order states that we must exchange the address where our child will be if she is away from any parent's residence for more than two days. My ex and child went on vacation for two weeks and my ex will not provide the address where they will be staying. I've asked several times but my ex will not comply with the order. I have a court date to modify and address another violation against my ex in two weeks so should I file another violation petition? or should I just mention it at the hearing? I have always provided my ex with the details of my summer plans but my ex continues to ignore the basic exchange requirements noted in the order. will the judge get mad if if I file another violation petition?
A: David's Answer: It would appear to be a violation. That said, you have to serve him more than 8 days prior to the court date & weekends count. Thus, you'd be cutting it close in any event to file it now. You may wish to mention it at the hearing & see if Judge will address it then. For a full assessment, schedule a consultation with a Westchester Family Law attorney. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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