Boston Herald

Mom demands kids be driven to her in blizzard

- Wendy HICKEY Wendy O. Hickey has since 1994 been involved in and since 2003 been a trial lawyer who concentrat­es her practice on national and internatio­nal family law. Any legal advice in this column is general in nature, and does not establish a lawyer-c

QI am in the middle of a nasty custody fight. My wife and I have temporary shared custody of our children. Exchanges occur when they get off the school bus. On Thursday, when the snowstorm hit, they were supposed to go to her after school. There was no school. I offered to bring them to her at 8 a.m., when they would otherwise leave my house for school. Driving across town then would have been fine.

My wife works from home and she declined because she could not work with three kids underfoot. I assumed that was the end of the discussion, and they would be with me until they went to school on Friday. Not so. She began calling and texting at 3:15 p.m., demanding that I drop the children off to her at 3:30 p.m. when they would normally get off the bus.

On a good day, it takes me 20 minutes to get across town to her house. There was no way I was going to do it in a blizzard. So I refused. She somehow got her lawyer to send my lawyer a nasty email threatenin­g contempt if I didn’t drive the children to her that afternoon. I didn’t budge.

Should I be worried?

AYou should be worried, but not about a judge finding you in contempt. Last Thursday, the first major snowstorm of the season hit Massachuse­tts and forced the closure of essentiall­y all schools. The fact that your wife wanted you to drive your children during the peak of blizzard conditions speaks volumes about her intentions. The governor had asked all people to stay off the roads if at all possible. By asking you to drive the children across town to her, she asked you to put yourself and your children in harm’s way. Not cool.

Your takeaway here is that she will not negotiate in your children’s best interests. Her goal seems to be to make you pay for whatever perceived wrongs you committed — even if that means using the children as a means to that end. Negotiatin­g your divorce is going to be an uphill battle for you. Your children will suffer the consequenc­es, so you need to be ready. Make sure they have someone to talk to, whether it is a school social worker or a therapist.

If you are lucky enough to reach a full resolution of your divorce outside of court, make sure there is tight language about just who is in charge in the event of unforeseen school closures or if a child becomes ill at school. Not every case needs these provisions, but yours surely will.

As for the threat of legal action here, if she presses forward and brings you to court on a contempt charge, you should welcome that appearance. The judge will see her true colors shining brightly — something that ought to help you in the long run.

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