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Main Forums => Visitation Issues => Topic started by: asof2005 on Nov 17, 2009, 02:55:03 PM

Title: a little good news for once.
Post by: asof2005 on Nov 17, 2009, 02:55:03 PM
My DH had his parenting time evaluation today.  I guess it was more of a mediation between the two of them than the evaluator doing anything.  Their previous parenting time was only verbal and it was DH picked up kids 10am-2pm Saturday and returned the children 7:30pm.  But after her loss in court she started refusing to let the kids go at their agreed time and wouldn't let them call even if they asked.  The police could do nothing since it wasnt on paper.   She wanted parenting time to be 7pm on Saturday to after school on Tuesday.  Basically taking away a whole day.

The order is eow 10am on Saturday, and eow 4pm Saturday and left at 7:30pm on Tuesdays.  My husband and I are very happy with this.  The evaluator told BM that since it has been this way for so long (7 years)  that there is no point in changing it that drastically.

One small victory and now she cant withhold the children from us!
Title: Re: a little good news for once.
Post by: Kitty C. on Nov 17, 2009, 04:04:10 PM
That's great, but..........until the judge signs off on it, it is not official and not enforceable.  Which means if she continues to withhold the children, she would not be in contempt until after it is written in an actual order and the judge has signed it.  Still certainly will not look good for her, but I wanted to let you know the legalities.
 
But it is definitely a step forward for you!
Title: Re: a little good news for once.
Post by: MixedBag on Nov 17, 2009, 04:07:47 PM
ditto to what Kitty said -- wait for the order.
Title: Re: a little good news for once.
Post by: asof2005 on Nov 17, 2009, 05:35:03 PM
ok, well they have a paper with both DH and BM signatures.  A the bottom it says: All terms or prior orders not addressing parenting plan or otherwise addressed herin shall remain in  full force and effect.   
 and then the back page has the evaluator's signture, date and states:

ORDER

at the session of said court held in the city of grand rapids, county of kent on the 17th of November, 2009

Present:  Honorable G. Patrick Hillary, Circuit court judge

it is so ordered.   
Esamined, countersigned and entered by D. Hill, Deputy

Attest: A true copy

D. Hill
Deputy County Clerk
Title: Re: a little good news for once.
Post by: MixedBag on Nov 17, 2009, 06:24:13 PM
sounds like that's an order.
 
The term evaluator is new to me...
 
magistrate -- maybe
 
Michigan???
 
if I remember right, they have a two tiered system.
 
since mom and dad agreed, SIGNED, then it's a matter of rubber stamping by a judge.
Title: Re: a little good news for once.
Post by: Kitty C. on Nov 18, 2009, 09:56:07 AM
Yup, sounds like a valid order to me, too.  At least now if she refuses to follow it, you have grounds to file for contempt.