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

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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

Answers:

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

Answered 11 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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