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Could I Be in Contempt Fighting for Holidays

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  • 11-21-2011, 02:09 PM
    jeeperscreepers
    Could I Be in Contempt Fighting for Holidays
    My question involves a child custody case from the State of:
    Massachusetts




    I have another question regarding holidays that alternate. Okay so one of us gets Thanksgiving, the other Christmas til 6pm then gets dropped off to the other parent (it does not say at what time)

    My question is, is that I am trying to give my ex Thanksgiving this year, and I keep our son for Christmas. She does not approve of this and had her attorney send a threatening email stating that if I do not give her the child for Christmas, that they will have me in Contempt of court for attempting to not let her have him for the schedule in our agreement. But it does not specify which year it starts.


    Is her attorney legally able to have a contempt hearing BEFORE Christmas if we do not agree?

    Also, do holidays supersede visitation? Christmas falls on her day, but in the event she is granted Xmas and returns him to me at 6pm, does she lose the rest of her visitation for that week? Granted it's only an overnight.



    Thank you.
  • 11-21-2011, 02:13 PM
    Dogmatique
    Re: Could I Be in Contempt Fighting for Holidays
    Without seeing the court order or knowing exactly how it is worded, it's impossible to say whose year this is.

    Generally, holidays do indeed supersede visitation. Mom would not lose the rest of her visitation. And no, you cannot be held in contempt before you've actually done anything wrong. :)
  • 11-21-2011, 06:34 PM
    Disagreeable
    Re: Could I Be in Contempt Fighting for Holidays
    Is there a reason you cannot start the other way?
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