Holiday Visitation Problems...

[gabes_mom]

I am the NCP and reside in NC, CP and children reside in PA, designated meeting spot is VA.

Holiday Visitation Guidelines:

Thanksgiving = even number years children are to be with NCP from 2pm on the day before Thanksgiving day until 2pm on the day before school reconvenes.

Christmas = every year children are to be with NCP from 2pm on December 26th until 2pm on the day before school reconvenes.

NCP and CP are to meet at designated meeting spot on above days at above times.

My problem is the CP is pregnant and has a C-Section scheduled for December 7th.  She has informed me that she won't be meeting me in VA for the Thanksgiving or Christmas visitation times.  Her reasoning was it isn't safe for her to travel during Thanksgiving and her doctor has adviced her not to do anything for 4 weeks after the baby (which is by her new husband not me) is born which blocks out Christmas as well.

She did tell me if I wanted to see the kids I could drive all the way to PA both holidays and get the kids and bring them back to PA at the end of the allowed visitation times.  I can't afford to do this so this has become a major problem for me.  I want to be able to spend what little time I've been granted with my kids but yet again she has to make it difficult.

1) Will a judge enforce the court order even with her having a C-Section so close to those dates?

2)  Is it likely that the judge will make her find other arrangements to get the kids to VA if a doctor gives her a note stating she can not travel?

Any advice is much appreciated.

Thanks  

[Ref]

How about negotiating a future time for her to drive the whole length to make-up for your inconvience?

Ref

[socrateaser]

>1) Will a judge enforce the court order even with her having a
>C-Section so close to those dates?

You have the time. If the other parent cannot make the trip because of a physical disability, that doesn't negate her responsibility to provide transportation under the order. So, she can either pay to have someone else transport the child, or, if she refuses, after you request this in writing (so you have evidence), you can arrange transportion, and then send her a bill for the cost, and if she doesn't pay, you can ask the court to order you compensated (and the court will do it).

Obviously, if you pay for some expensive limo service, you may not get the entire cost back. But, maybe there's someone on her end who will transport the child inexpensively, or if you make the entire drive yourself, you could ask the court for reimbursement for your travel expenses (including motel, gas).

Point is that it's not your problem that the other parent is having a baby.

>2)  Is it likely that the judge will make her find other
>arrangements to get the kids to VA if a doctor gives her a
>note stating she can not travel?

The doctor's note is irrelevant to the transport issue. It's relevant to demonstrating that she didn't willfully violate the orders by not driving the child herself. But, she's not relieved of the responsibility of arranging for transportation.

My advice is to decide what will get you the child in the least adversarial manner (probably you driving the entire distance), and ask for compensation for the drive. If she refuses, you make the drive anyway and send her a bill. If she doesn't pay in 30 days, take her to court. The judge will order her to pay. Simple as that.

[gabes_mom]

Thank you very much! I was hoping that myself and my children wouldn't be forced to miss out on seeing one another because she is having a baby.  I think that indeed it would be easier to send her the letter of intent and go from there.