Location: Idaho.
I have had primary custody of our children since our divorce was finalized about 19 months ago. Both children have high functioning Autism and receive several services. My ex only has visitation with my younger son, who has a community support worker that takes him out about 10 hours a week, and a behavioral intervention worker who takes him about six hours a week.
During the school year, these hours don’t affect her visitation at all since they primarily take place on weekdays, and her visitation is every other weekend and four hours every Wednesday night.
However, summer visitation is two weeks with mom and then two weeks with me. Last summer, our son had his therapies every week, regardless of what house he was at. Both of these services were initially started by her when she had primary custody out the duration of the divorce proceedings. My Ex recently told both workers that she will not allow them to fulfill their hours with our son during her visitation time this summer, but that they make up the time working double hours during my two week custody periods this summer .
According to the court orders, we have joint custody, and all decisions regarding school and healthcare must be made together. There is no specific provision regarding services and our ability to cancel these services. There is only a provision saying the following “Neither party shall schedule activities nor appointments for the children during the other party’s custodial time without prior arrangement with the party entitled to custody.”
What can I do other than take her back to court? It’s been suggested that I refuse to send him to his mother’s this summer until she agrees to send him to his therapies. However, There is another provision in the orders that say we are not to interfere with visitation time Of the other parent. Does she have the right to cancel these services during her custodial time?
The truth is that I can’t afford, either financially or emotionally, to take my ex back to court again. And the court systems here works slowly enough that the summer will be over before we have any sort of resolution.