First Right of Refusal

[jcsct5]

My husbands court order states "each parent shall have first right of refusal to parent the children if the other parent will be away from the children for 24 hours or more."

My husband is going out of town on buisness next week Tuesday morning to Friday afternoon, but will stay at work until the end of the workday on Friday. The children are scheduled to be here from Wednesday afterschool to Monday afterschool.

Husband sent and email to BM 2 weeks ago stating he would be gone for more than the 24 hours and would she like the kids from Wednesday afterschool to Friday afterschool.

She responded that she will take them Wednesday night and doesn't know if she has to work Thursday yet. Last night, husband emails her again and says we need to know if she intends to keep the kids so we can make appropriate arraingments.

She responds that "Even if I have to work, I will pick them up after school, and drop them off when I go to work."  

The rest of the family has plans that evening that I would like to include husbands kids in as well. None of us can participate if I have to wait at home in case she "might" drop them off.

1) Can she pick and choose parts of the offered time, or is first right of refusal an all or nothing deal?

2) Is husband obligated to have someone to be her babysitter if she has to go to work?

3) Friday afterschool does she have the right to pick up the kids since husband will not be getting home until after work (5:30ish) approximatley 2 hours worth of time?

Any other thoughts are appreciated.

[socrateaser]

>1) Can she pick and choose parts of the offered time, or is
>first right of refusal an all or nothing deal?

If it's your husband's parenting time, and the other parent is acting on the right of first refusal, then this implies that the parent will either take over parenting until your husband's return or the other parent's time kicks in, or that she won't. So, no, she can't pick and choose -- it's an all or nothing proposition, unless your husband agrees to her conditions.

>2) Is husband obligated to have someone to be her babysitter
>if she has to go to work?

Nope.

>
>3) Friday afterschool does she have the right to pick up the
>kids since husband will not be getting home until after work
>(5:30ish) approximatley 2 hours worth of time?

If it's her time, then she has the right, otherwise she doesn't.