Holiday visitation

[Stepmom0418]

I dont know if you will get to this in time to help my DH but we sure hope so!

His visitation order says: (exact text in regards to holiday visitation) He is the petitioner and BM is the respondent.  
Petitioner shall have visitation as follows:

Every other holiday beginning with Easter Sunday with the Respondent.
Holidays include Thanksgiving, Christmas Eve, Christmas Day, New Years Day, Easter, Memorial Day, Fourth of July, Labor Day. When Holiday visitation follows weekend visitation the petitioner's visitation should end at 7pm on the Monday holiday instead of Sunday.  

BM has denied DH regular visitation for this weekend. This is DHs holiday as well. (Memorial Day) This denial among others has been recorded by the police department.


Question:

              1) Should DH show up on Monday for the Holiday visitation and try to pick his son up for the day? Even though this was his weekend and he was denied.

               2)If the answer to the above is yes should he go ahead and have the police assist as normal and file another complaint on this denial as well?

[ArkStepMom]

As I understand it, virtually nothing can be done at the time of denial.  It's not until you are seen by a judge and BM is found in contempt that anything can be done.
This is what we do->anytime CP denies visitation, 1) we advise her by Certified, return reciept mail titled Intent to Exercise Visitation, saying 2) that the denial is not acceptable and 3) reiterate the court ordered time and place and 4) that we will be there to pick up child.
Our trip is 2 hours, but we go anyway, purchase a coke or coffee or what have you at the meeting place, keeping the time stamped reciept, wait 30 mins then leave.
Once home again we draft another letter titled Denial of Vistation, (Cert, RR) stating: 1) when and where we will be taking our make up time, 2) if no response to the contrary is recieved within 5 days (of the date of letter) we will assume these dates and times to be acceptable.
All you can do is document->Keep your mileage tallied, keep your reciepts, document/record phone calls>>you may be able to seek mileage reimbursement, Soc would know better. Your reciepts show you to be at the right place at the right time, and your letters will show that she knowingly placed herself in contempt (cause you said you'd be there in your letter!), rejection of her excuse for denied visitation and that you endeavored to see child in lieu of a missed visitation.
Each time a letter is sent, we remind her that  "this violation will be subject to consideration by the court as contempt"

Best of luck to you
ArkStepMom

[socrateaser]

>I dont know if you will get to this in time to help my DH but
>we sure hope so!
>
>His visitation order says: (exact text in regards to holiday
>visitation) He is the petitioner and BM is the respondent.  
>Petitioner shall have visitation as follows:
>
>Every other holiday beginning with Easter Sunday with the
>Respondent.
>Holidays include Thanksgiving, Christmas Eve, Christmas Day,
>New Years Day, Easter, Memorial Day, Fourth of July, Labor
>Day. When Holiday visitation follows weekend visitation the
>petitioner's visitation should end at 7pm on the Monday
>holiday instead of Sunday.  
>
>BM has denied DH regular visitation for this weekend. This is
>DHs holiday as well. (Memorial Day) This denial among others
>has been recorded by the police department.
>
>
>Question:
>
>              1) Should DH show up on Monday for the Holiday
>visitation and try to pick his son up for the day? Even though
>this was his weekend and he was denied.

Yes.

>
>               2)If the answer to the above is yes should he
>go ahead and have the police assist as normal and file another
>complaint on this denial as well?

Yes.