My High Conflict Ex is refusing to give me the week of Vacation time I have been asking for, for the last 3 months.
A little back story, We have been divorced for a year. 6 months after the divorce was final, I got 90% custody of the kids (temporary order) because my Ex was homeless and with out a job. That was extended 3 months ago, due to my wife refusing to answer questions and arguing with the court. My ex also has a pattern when I try to communicate about the kids. Either ignores me, is nice and accomodating when she needs/wants something, or the she makes threats / accusations.
Now, our court ordered Holiday/Vacation schedule states that we each get 7 days uninterrupted in both July and August. It also states " If the parents do not agree in writing on the summer parenting time, the it shall be exercised as following: The non custodial parent shall begin parenting time the 2nd sunday in July and august until the following sunday. The custodial parent shall begin their parenting time on the 3rd sunday of both months".
So, my kids and I started planning a camping trip for the week after the 4th of July ( paid for the trip in advance as site are hard to get late in the year and took the time off work). On 3/19, I sent my ex a message in our communication app, saying I would like to take 7/7 - 7/14 to go camping, Please let me know if that works for her, and what she would like to do in July.
On 5/5, I sent a similar message with the addition that I would also like 8/7-8/14 (just picked the same dates).
On 6/12 I sent her a reminder and explained how much the kids are looking forward to it and she went off and told me wasnt discussing it and would talk to her lawyer. Then threw a bunch of accusations and threats at me. The next day she asked a favor I denied and she went postal. On 6/14 my lawyer got a message from hers stating that she was taking the non-custodial week as outlined in the plan. (she has not taken any time off yet, or made plans).
I tried to discuss this with her, but surprise more threats and accusations. The kids tried telling her how much they are looking forward to it, and she told them it was out of their hands that it was decided by the court. After discussing with my lawyer, he suggested offering her additional time. So I offered her an extra week, her response was to ask for two additional weeks, the dog she abandoned, and the contents of a storage unit she forfeited to me (another story that I would be happy to share at another time), along with more accusations and threats.
I talked it over with the lawyer, he suggested I make a final offer of the time. Then he told me he couldnt legally tell me to violate an order, but was fairly certain that if I kept the kids for that time because I had the proof I asked, and had been planning for months, the court wouldnt do anything about it and if they did any competent lawyer could get it knocked down to a warning from the judge.
Now I will say last year, I had a similar problem where she would discuss it and I ended up just telling her I was taking the time, and If she didnt like it to take me to court (she didnt).
So my question to you all, Do I take the chance to violate the order?
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