Nit-picky or not?

[rm1759]

First, a little background.

I am an NCP, and settled with BM in mediation last september.  My question is about my summer parenting time, here is what the agreement states:

"Each parent shall be entitled to two non-consecutive weeks with the minor child during her summer vacation from school.  The parties shall confer and select each party's two-week period on or before May 1rst of any given year.  In the event the parties disagree, the father shall select one week, followed by the mother selecting one week, followed by the father selecting one week and ending with the mother selecting one week."

May 1rst came and went.  I had tried on several occasions to get her to agree on dates, but to no avail.  So I sent her an e-mail stating which week I would select first.  She still would not agree.

Her argument was that I am not allowed to have her for more than 7 days, she states that this is stated in the agreement (which it is not).  The weeks I had selected ended before my normal weekends, which would, in effect, mean that my daughter would be with me for 10 days.  We got the attorneys talking to each other, and her attorney came back and said that I could not select my week during her weekend of visitation.  (Nowhere in the agreement does it provide for BM to have weekend "visitation")  My attorney told me it was too late to get anything changed in time for my visit.  So, I complied, and only got to spend the 7 days with my daughter.

My question is this, should I file for contempt on this?  I have documentation of her refusal in e-mail, and via correspondance between attorneys.  The mediation agreement states that should disputes arise over the agreement, and these go to court, the losing party will be responsible for attorney's fees.  I am worried that the judge will look at me as being nit-picky, and throw the motion out.  I don't get very much time with my daughter as it is (it's a long, sad story) and I've had to fight very hard for 2 years for what little time I do get to see her.  It just irks me that I finally get a CO in, and she still finds ways to keep me from her...  Any advice would be great...

If it helps, I am in Pinellas county, Florida

[Peanutsdad]

Since your order is vague, it's likely that any contempt would be thrown out.

I suggest that you get dates and times ironed out in the final order so you have an ironclad stand in the issue.
THEN if she violates, its a clear cut case of centempt.

[MYSONSDAD]

Just follow the guidelines or he may not answer you.

He may also need the exact wording of the CO.