My question involves a child custody case from the State of: Massachusetts
I am the CP of 10 year old and 12 year. They go to their dad's every other weekend and one night during the week. Just recently found out that he is going to CA on his weekend that he has our kids to see a friend, and told me if I don't take them, he will just hire a professional sitter to come and watch them while he is away. I guess I just want to know legally what can I do if he does this? I know when it is his weekends, if he wants to hire a sitter and go out he can and he does not have to tell me, but this is different. He made these plans first without even asking me if we could change weekends, they only way I found out was our daughter has an event that weekend and I wanted to make sure he had all the details, he than tells me " oh yeah I am going to be in CA that weekend, so I can't them" when I told him that I had already made plans and that I think this is totally BS and unfair, he said fine, I will hire a sitter and you have no say in it.
He claims he is not going now, but he is posting all over facebook that he will be in CA during that time. My question is this, if I found out he is not in the state during his time and he hires someone, do I have any legal recourse to take my kids back that weekend? And the only reason I said I would not take them is because this is the 3rd time he has make trips out of the state on his weekends, and I end up with the kids on his weekends. He did this cause he knew I would not allow my kids to stay with a stranger for 3 days while he was two time zones away, and he feels he does not have to tell me anything of what he is doing or where he is going cause we are not married anymore, but at some point I need to put my footdown and say sorry, its your weekend. This is not about him and I anymore, this is about the kids and because of them we have to communicate, but he refuses too.
Again I know he can do what he wants on his weekends without telling me, but can he leave the state without the kids and have a total stranger be with them, and not inform me?
Thanks for your help