My husband and his ex have a court order that was finalized in September 2014. Well there have been some issues and to alleviate those issues they both signed a written agreement. The agreement is to have the ex take it slow with my stepson and work into overnights and longer visits. Well the new agreement doesn't talk about holidays other than mothers and fathers day and states that the ex only gets every other weekend. Does she still get holiday time (thanksgiving and christmas)?
If an agreement was finalized, then it was finalized. If it didn't include holidays other than giving your husband Father's Day, then he isn't getting any other holidays absent an agreement with his former spouse or further Order of the Court. It certainly sounds as if no one had attorneys as holidays are routinely divided equally.
Get the written agreement made into a court order. When all is said and done it is the Court orders that take precedence and they also avoid questions such as this one.
If the agreement was not approved and signed by a judge and filed with the court clerk it is not valid. If the agreement is not a new court order, you must follow the order that has been filed. Speak with your attorney to help you file the new agreement.
Fix it. May as well, because when one party decides the other is being unreasonable or playing gotcha on the agreement, the court is most likely going to fix it and scold both sides, and neither side may like what the court does to fix it. So just fix it and save the dollars and the grief.
Under newish Oklahoma law, it is not the custodial parents responsibility to make sure visitation is happening according to the Court Order Also, visitation schedules are supposed to be MINIMUM visits and further visits are encouraged. Although the signed agreement may be somewhat of a defense for violating the previous court order, I do not think I would want to be in the position of trying to defend not letting a mother see her child on Thanksgiving or Christmas unless there are very serious issues as to her ability to safely care for the child. Try to work with the mother, rather than make her an enemy, give her, and the child, the ability to get to know each other and everyone will be the better for it.
