When my ex-husband and I divorced, he moved to Ohio. Our arrangement is that the kids go to Ohio every summer from July 1 until the Saturday of Labor Day weekend. While this has been less than ideal, it does give me two days to get them clothes and school supplies. School has always started the Tuesday after Labor day in my town.
This year, school starts the Wednesday before Labor Day. Our youngest is starting middle school and our oldest is starting high school. I am completely opposed to their missing the first three days in new schools.
My ex is completely unsympathetic because that is the week he does a lot of things with his extended family. My lawyer says there is nothing he can do until my ex actually violates the agreement, which he has not done. I can’t believe there is nothing anyone can do here. Do I have any options?
You have two options, neither of them is fail-proof. First you can try asking for emergency relief from the court. But realize it is very late for that. You need to file a complaint for modification and a motion for an emergency order seeking the children’s return the weekend before Labor Day. It is too late to get on the regular motion list so you will also need to present a motion for short order of notice meaning an expedited hearing.
If the judge agrees to hear your motion next week, you will need to arrange for someone to serve your ex in Ohio with your papers. If you can convince the judge this is an emergency and you need to get heard this week, the judge will probably order the children’s return for the start of school, especially given their big transitions this year. However, at the end of summer, things at the court house are very busy and they are understaffed more than usual because people are taking vacation.
Since you said the only time your ex has with your children is summers, I suggest you make him an offer he cannot refuse. While it will feel wrong to both you and your wallet, offer to fly the kids to Ohio (or wherever his extended family live) for Thanksgiving and/or Christmas vacation this year in exchange for his agreement to send them home a week early to start school. In all likelihood, some of his rigidity here stems from his real desire to have the kids see his family. Make the offer now and if he rejects it, go see the judge.