Q: 1) How does a divorced father TRULY enforce an existing custody agreement and visitation schedule with a very controlling former spouse who is not adhering to the schedule and insists – autocratically – that they are more aware of the child’s schedule, obligations and needs on a daily basis.
2) What might mom do legally to maintain control?
A: David’s Answer: The best advise is to strictly follow the schedule – and send mother a default notice letter (in the manner prescribed in your agreement) for each perceived violation. Make reference in the letter to the exact provision in the agreement you believe she violated, ask that she not only avoid future such violations but also that she remedy the violation which has already occurred (e.g., through make-up time). If there’s a pattern of such violations with no remedy, then that’s when you file a violation petition in Family Court. Schedule a consult with a NYC Family Law attorney for a full assessment.