Right of first refusal question, I agreed to watch our toddler so ex could work, she decided to take the day off and told me not to worry it

UPDATED: Jun 13, 2009

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Right of first refusal question, I agreed to watch our toddler so ex could work, she decided to take the day off and told me not to worry it

I agreed to watch our toddler while my ex worked tonight. She either got her shift cancelled or called in sick. I changed my plans to accommodate her. Now less than 2 hours before I was supposed to pick him up, she texted me saying she is not working and I don’t need to watch him. I have it in writing that she asked, I agreed. What can I do? Can I call tell her to keep to our agreement, and if she doesn’t call the police?

Asked on June 13, 2009 under Family Law, California


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am a lawyer in CT and practice in this area.  It appears that you were going out of your way and being a nice person when you agreed to watch your son.  I am not sure what if any the visiting rights are with respect to your son, but absent a violation of those orders you do not have a cause of action.  You ex is not kidnapping your son or doing anything that would be considered child abuse based on what you have said.  I would simply leave it alone.

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