Q: Me and me ex used to have a visitation order that he petitioned for In court. He was getting my daughter every other weekend from Saturday morning till Sunday 4pm. He didnt show up to a follow up hearing and so the whole case was dismissed. I have still been following the old agreement so that he can get parenting time. Well he was supposed to drop her off at 4pm today but at 3:30pm texted and said he was bringing her back late and said it is whenever he is done with the activity they are doing. If he is not going to follow what we agreed upon originally and there is no court order to enforce, can I refuse his visitation since I can no longer trust him to bring her back on time. And just wait for him to petition for visitation again. If he isnt going to follow what we had always agreed upon and now wants to do whatever he wants cause there is no court order, will I get in trouble for not wanting him to take her and waiting for him to refile? I was trying to do this outside of court and allowed him to still have his parenting time but if he isnt going to cooperate what should I do?
A: David’s Answer: I wouldn’t necessarily advise to completely cut-off his access, but you can unilaterally impose conditions (absent a court order). Thus, as an example, you can say that if he brings the child back more than 30 minutes late, his next visit is cancelled. Schedule a consult with a Bronx Child Custody attorney for a full assessment.