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vacation agreement

Started by IceMountain, Jul 30, 2006, 08:55:19 PM

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IceMountain

If I've already asked this question in the past, please excuse my forgetfulness, but the issue has come up again and I need some advice.

In February my ex agreed to let my son attend a family wedding out of state this fall.  My son will miss a week of school to attend the wedding.  My ex agreed (in a roundabout way) to letting my son go in a recorded telephone conversation.  She also testified in court that she was allowing my son to attend the trip.  She made some small stipulations and said I would need to be the one to take him out of school so that it does not come back on her.

After she testified in court I questioned my attorney as to what my rights are if she denies my son going on the trip.  She advised me that I could sue her for contempt.

Fast forward to last month.  She got ticked at me about something and said my son can't go on the trip.  I told her that if that was the case then she would be the one to tell my son because he would be crushed.   In the meantime my son has continued to talk about the upcoming trip.  She never brought it up again so I didn't either.

This past weekend she picked an argument with me again because things weren't going her way and again said my son could not go on the trip.

I informed her this weekend of what my attorney said about contempt.  She claims that since the trip is not spelled out in our decree that she does not have to allow it.

From reading posts in the past I am under the impression that I could sue my ex in small claims court for financial damages caused by my son not attending this trip.

So my questions are:

1.  Will my ex indeed be in contempt since she testified in court that she was allowing my son to attend this trip, which is not my regular parenting time?

2.  Can I sue her in small claims court for damages?

3.  What other options do I have?