Q: My ex currently has sole physical and legal custody of our son. My weekend visit is up on the 22nd -24th of December. AFTER the final order was written, he decided to throw out that he wants to take our son to Boston for Christmas however it directly interferes with my parenting time and his lawyer was told by me that I do not agree. I’m supposed to have him that weekend and wanted to make sure I’m within my rights to keep it that way. Also, the order says nothing about the vacation or vacations period but I do not approve of him going out of state with my son. How can I proceed with this? My ex lawyer has ceased communication since the case is pretty much over and I need assistance. I do not have money for a lawyer and could really use representation or help thank you. I’m in a shelter.
A: As it’s merely an anticipatory violation at this point, I doubt the Family Court would do anything (other than to direct him to follow the order). That said, your options are to either file an order to show cause to restrain him from doing what he proposed, or file a violation petition after the fact if he follows through on his proposal. Call a Bronx Family Law attorney to schedule a consult for more info.