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Topics - Windd

Pages: 12 3 4
1
Dear Socrateaser / How to respond to "Odd" request
« on: Jan 08, 2007, 04:55:34 PM »
Okay Soc. the NCP is claiming to file request for additonal segments of time based on child gettin ready to start menstrual cycle and therfore "needing" more time with mom.


1) Is this an odd request?

2) How do I refute/respond tosomething like this in a legally nice way?

2
Dear Socrateaser / Question Regarding Contempt
« on: Jan 06, 2007, 01:53:59 PM »
Does a charge of contempt stay on the record?

What affect does multiple charges of contempt have on any future custody proceedings?

When contempt charges are pending a “purge” what does that mean?

When person does not perform what is required to “purge” the contempt; what happens?


3
Dear Socrateaser / Counsel No- Show??
« on: Dec 22, 2006, 12:56:21 PM »
Soc , had a status/hearing 12/19. I stayed for 45 minutes past the time scheduled. The other parent left maybe 1/2 hr after schedule time. I called counsels office when I got to work and was advised counsel left for court that morning and may have been tied up with another case.

It has been three days and I have not heard anything.  I realize it's the holiday period so nothing more than likely is/will be done.

1)Is it unusual for an attorney to miss a status/hearing and not follow-up with client?

2)What happens to the case on the docket at the end of the day?


Other parent held to 9 counts of contempt. Owes a couple thousand in back support ( still increasing) and 3-4 thousand in other related fees. Given 60 days to star complying with order.


Both parents ordered to go to focus on children within 6-months of the entry of the judges order. Just found out (1.5yrs later) NCP never attended.

3. Can other parent not attending ordered focus on children now be brought up as a contempt? How would it be added?



4
Dear Socrateaser / School
« on: Nov 01, 2006, 03:04:04 PM »
Child ordered to be in school by the courts.  Custody change ordered several months later although joint custody still left in place.

NCP has had issues with getting child to school on the one day they are obligated to get child there. There have been and continue to be other concerns of NCP taking child out of school on days because they feel like it.

CP contacted school regarding this issue and the school principle has stated that NCP has rights and if there is nothing in the order that specifically states “NCP cannot take child out of school” then they will release the child to the NCP. They do not want to get caught up in the middle

My response has been there is also nothing that states the “NCP  can remove the child from school at anytime either”.

The orders do state “The children must attend school each day school is in session except in the case of illness”.

Am I being overly concerned? I also have issues with  me getting child to school and finding out later child is not there, has been taken out. I would have some serious legal concerns against the school district if released to NCP and something happened.

Soc, would a letter to the principal and superintendent be appropriate?

“Basically stating “Even in a Joint Custody arrangement, most states require one parent or the other to be designated as the "Custodial" parent (sometimes also called the "Primary Residential Parent"). The courts presumption is (and always has been) that the child's best interests are dictated by the Primary parent”.

Can you review a draft of a letter?

5
Dear Socrateaser / Meaning of order
« on: Oct 06, 2006, 10:49:25 AM »
12 count Contempt filed against NCP in early June;  30 days given to respond and retain council. Status set for mid July.

Mid July NCP claims to have lost their job. NCP found in default for want of answer. An order of default entered instanter entered.  NCP ordered to appear at next hearing or body attachment will be entered.

What does  “order of default entered instanter” mean in laymans terms?


6
Dear Socrateaser / Right of Refusal
« on: Jul 11, 2006, 11:45:19 AM »
The right of refusal states:

“There shall be a right of first refusal with regard to caring for the children.  Each parent should be present with the children during parenting time.  If one parent is unable to care for the children for more than 4 hours during his/her parenting time, that parent shall offer the other parent the option of providing care for the children prior to engaging the services of anyone else.  The children shall specifically not be left with baby-sitters, compensated or not compensated, friend or family unless the other parent first declines the opportunity to provide care for the children. The parent exercising the right of first refusal shall return the children shall return the children at the time specified by the parent unable to care for the children.”

My understanding is the intent is so the children are not left with sitters.

NCP did not want to assist with summer camp. Now NCP parent lost/quit their job and is now invoking this clause to get kids while CP is at work during the day.

NCP having kids has caused all sort of issues and contempt charges about 12 counts have been filed.

Is the intent of right of refusal clause so that other parent can become primary just by quutting job?

How would courts be petitioned to stop NCP from abusing right of refusal clause? What arguments should be used?

NCP now under impression they cannot look for job or pay support because they have kids all day?

How would you reword right of refusal paragraph so that kids can enjoy being with CP's family at least three days mon, tues, wed as NCP has them every thursday,friday and every other weekend?

7
Dear Socrateaser / Procedural for Pro Se
« on: Apr 05, 2006, 10:41:27 AM »
Father(CP) retained counsel for contempt charges(about 30 accumulative ) and motion to modify.

Mother(pro-se) filed motion for mediation for issues that are cannot be addressed via mediation and need  a judge to be dealt with i.e. reduction is support, changing schools. Mother filed motion and had a hearing date in 6 days.

Father had retained attorney a few weeks prior and faxed attorney copy of motion 4-days prior to hearing. Attorney asked judge for time to respond. Nothing else father has retained counsel for has been initiated. This concerns me.

Father is thinking of going pro-se as already $800.00 for review of information, calls and appearance to ask for time to respond and status 30 days out.

If father goes pro se he will ask for motion for mediation to be stricken as issues need to be addressed by someone who has the authority to bind and hold in contempt.

Looking for proper procedure:

1)Can father ask for hearing date for rule to show cause and modification at same time asking for motion to be stricken?

2)Does father need to have motion for rule to shoe cause and modification ready at this time?  What paperwork needs to be filed if a hearing date is set?

At hearing evidence is presented by both parties.

3)Does the judge decide at that point or is it referred for a trial?


8
Dear Socrateaser / Afterschool Care
« on: Feb 16, 2006, 11:21:08 AM »
Child in after-school program at local “Y” on CP’s court ordered days and signed in under supervision of staff.  Program open to parents visiting with open observation. NCP usurps authority of staff and child is now under ncp’s control while still signed in and supposed to be under staff’s control. Child get’s injured, staff cannot complete incident report other than saying injury happened while under the supervision of parent instead of staff.
   Whose liability is this?

9
Dear Socrateaser / Fees
« on: Feb 10, 2006, 12:30:18 PM »
State of Illinois-

NCP continuously violates orders. Thinks they are above the law

If both parents make roughly the same amount per, what incentive is there for NCP to not violate orders if they may not be held liable for CP attorney fees? NCP cries broke, no money but continues to willfully violate orders. NCP knows it cost CP money to hire counsel and go back in.

What other consequences should be asked for?

What would you recommend to break the cycle? WHy does CP have to continuosly pay for NCP vindictivness?

10
Dear Socrateaser / Emails and After School Program
« on: Feb 08, 2006, 09:47:38 AM »
I have two questions:


1)   How effective are emails as proof of delivery if the person it is sent to deletes it as  
 soon as they see who it is from? Is confirmation of delivery effective proof?



Child in after-school program at local “Y”.  NCP comes in and prohibits the child from participating with peers and under direction of staff under pretense of “helping with homework”. The child is still signed in while the NCP does this. There were “isolation issues” prior to this by the NCP. The NCP does not do this on their days.
My understanding is that any parent can visit from the point of view of observing.
 
2) How can NCP be prevented from prohibiting the child from interacting with peers, participating in activities, with staff and being social, other than just pulling child from the program?
   

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