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Q: The non custodial parent has been inconsistent with seeing his child. From March 2020-July 2020 he did not see her. He did not take her for his two weeks scheduled visitation for the summer and he did not take her for his holiday on Christmas Eve. He gets her spring break week and I asked prior to if he planned on taking her. He said yes. We had vacations booked in 2020 and they were cancelled so we booked a trip to FL and the day we leave falls on Easter which would be his day. When we booked I just saw that it was my weekend and realized after it was booked that it fell on a holiday and it was supposed to be his holiday this year. He is already having time with her for spring break week and the weekend since it’s his visitation time. Would a judge approve in favor of the vacation or deny it?
A: The problem on your end is that NYC Family Courts are currently prioritizing emergency cases until the pandemic is over – I don’t frankly this this would qualify as an emergency. The issue for the Judge would be why you wouldn’t be able to switch the dates of your travel. But ultimately if you want to reduce or limit his access time, you’d need to file a modification petition. Call a Bronx Family Law Attorney to schedule a consult for a full assessment.