My ex and I are currently operating under a mediated agreement (mediated a few months ago), and it's going well. I'm at nearly 50/50 during the school year, and 50/50 exactly during the summer. We have agreed now that we need to finalize the agreement and get it signed by the court. Our major sticking point is right of first refusal, which she does not want. She likes to leave the kids with her family when she (fairly frequently) travels. She has an upcoming three week trip out of the country and I've repeatedly asked that the kids stay with me. Her latest email said that it was her time and that she could decide with whom she wanted to leave them, that her parents were like a second home to the kids, and that she was happy to go to court about it because she knows that grandparents have rights, too.
My understanding is that she's completely misinformed on this. Won't the court favor time with parents if they are available?
I think if I have enough info to back up my stance, she may just buckle on this in mediation, which would be a lot cheaper than court. Online I've really only found articles describing what right of first refusal is, but not much about the likelihood of winning it.
Now that I'm at 50/50, I'm okay with the occasional night at Grandma's on her time, but three weeks is ridiculous.