Court orders are meant to be followed. Since the father disagrees, you should keep in mind that father may use this incident against you in future proceedings. A pattern and practice of disregarding court orders leads to the path of contempt and sanctions. It sounds like you may have a health related condition that the court may take into consideration. However, I would obtain as much documentation as possible to show that your extended stay was not an intentional act of disregarding the court's orders.
This will be up to the local court. You need to contact the local court ASAP. Otherwise you will risk contempt of court and negative impacts in future custody disputes.
Total Mobility Law is an international law firm that lets companies do global business with the knowledge and confidence they need to comply in any country. Our answers on this site do not constitute legal advice, nor do they establish an attorney-client relationship. The only thing that can do that is a signed Engagement Letter and Fee Agreement, which you can get by contacting us through www.totalmobilitylaw.com.
Sorry but Courts are courts. They are not social clubs. Stay with the court order . Don't play with court orders. You can ask to amend the order if u have the time
Disclaimer: The information contained in this website is provided for informational purposes only, and should not be construed as a legal advice on any subject. No recipients of content from this site,clients or otherwise,should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. The Karamanlis Powers Law Offices expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this website, weblogs, twitter, facebook, google+.
Please see my prior responses.
This reply is offered for educational purpose only. You should seek the advice of an attorney. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the undisclosed individual asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of New York. Responses are based solely on New York Law unless stated otherwise. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
A doctors note would help in getting excused for a classroom, but may not be an excuse in the courts to avoid contempt. However, if it is life threatening, and your ex still proceeds with the "contempt" action against you for violating a court order, I believe that your note and explanation, would sway a Judge to understand your situation. Its a chance, but if you need surgery, I would take the chance. Does your ex have a good reason for not allowing this indescretion, like the child won't be in school?
If you think this answer is the best answer or was helpful, please mark it by clicking the "Best Answer" or "Mark as Helpful" button at the bottom of this answer. If you wish please tell AVVO about me, please write a review. Thank you in advance.
I concur with my colleagues. The reference to "back treatments" implies to me that they need necessitate your stay beyond the 3 weeks. Perhaps, however, you might obtain documentation of need and negotiate with the father.