Withholding Child From Visitation

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ch0129 | 16:42 Wed 11th May 2016 | Law
4 Answers
I have secondary custody of my son. Through our visitation agreement I am scheduled 8 overnights in a month, every other weekend and once through the week. At the beginning of the year my son had surgery. I took off work and kept him for two weeks for his full recovery because I knew my ex would not take care of him properly. Not once did she call during the two weeks to ask how he was doing. A few weeks after that he became sick. She took him to the doctor and they gave him medication. Two weeks later, he still hadn't finished the prescribed medicine, which was only for 5 days, and she failed to send it with him twice. He ended up getting worse. I took him to the doctor. They gave him a new medication along with a letter stating it would be in his best interest to remain in my care until he was better since his mom hadn't been compliant with medication. When I called to tell her I'd be keeping him she flipped and said she didn't care what the doctors said. A few weeks later I received a certified handwritten letter in the mail from her. It stated that I had kept him an extra of 15 overnights over the past two months and that she would be keeping him on my days until she "made up her time". If she does this, I will not see my son for almost two months. Is she able to do this? Will the letter make her look bad in court?


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Have you got a solicitor?

x x x
Are you in the UK as the court system is a lot different here from the USA?
Your use of 'Mom' makes me suspect you could be in the USA. This is a UK site. In the UK this would be handled by a Family Court and yes your ex's behavior would 'look bad'.
No she would not be able to do this under English law without the permission of a judge

however it seems obvious - you arent in England
so I cant really advise
Here in UK going against a doctors advice would be a strong incentive for a court to change the primary custody over to you. As PP has said a UK court would not tolerate that sort of behavior.

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