Parents should typically follow their parenting schedule as closely as possible. However, snowstorms and other inclement weather can mean that common sense must take precedence over a court-ordered parenting schedule when the weather makes travel to the parenting exchanges too hazardous.
When is travel to the parenting exchange point too hazardous? That is a judgment call that rests in the reasonable discretion of one or both parents. The rule of thumb would be whether you can point to facts regarding the weather conditions, the road conditions, the condition and capability of each parent's vehicle, and other like factors in defending yourself months later in court if the other parent files a contempt petition against you.
In addition, if you claim that it is too dangerous to travel to a particular parenting exchange, you should offer a make-up time to demonstrate that you are simply being reasonable and not trying to appropriate the other parent's time. Of course, if it is too dangerous to travel to the parenting exchange point, neither you nor your children should be traveling in that area for other reasons.
As I've alluded, the consequence may be that the other parent asks the court to find you in contempt of the court order and requests that they be awarded compensatory parenting time (perhaps in excess of what they've lost) and attorney fees; you could also be required to pay a civil fine. You want to be conscientious that you are acting in your child's best interests for safety reasons and that you will not be perceived as being obstructionist. It would be helpful if you could point to a state of emergency, travel or weather advisories, and closures due to the weather. You may be at heightened risk if you have a substantial history of claiming inclement weather to prevent parenting exchanges.
The bottom line is that neither you nor the other parent want the other or your child to be on the roads if it is too dangerous. Unfortunately, this winter may have provided numerous examples so far this year in many areas across the nation.
What you did not really specify in your question, however, was whether you were arguing the inclement weather as a impediment to reaching the parenting exchange point (even if at your or your ex-spouse's respective homes) or if you simply objected to a trip that your ex-spouse was planning on his parenting time. It almost sounded as if it was the later. If that is the case, you are on much shakier ground unless such excursions are part of a shared major decision-making between you and your ex. If you simply objected to the trip during the other parent's time, then the court may likely see your refusal as an attempt to control what happens during the other parent's time, which is generally not well received by a judge. If this is the case, you can still try arguing the above factors in your defense, but it will be a much harder sell. Please keep in mind that even if your ex-spouse is typically amenable to switching weekends, he is generally under no obligation to do so under most parenting orders.
I have responded to your question according to the law in West Virginia, where I practice. The law in your state and locality may differ, so you should consult with an experienced family law attorney licensed in your jurisdiction. A local attorney may also have insights as to what the locally accepted practice is in these types of situations.
Marci R. Carroll, Esq.
Law Offices of Marci R. Carroll
Fairmont, West Virginia
Serving Family Law Clients Throughout West Virginia
http://www.mrcfamilylaw.com
-- Marci R. Carroll
