Menu

Show posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Show posts Menu

Messages - bloom6372

#41
He should file a MOTION TO ENFORCE PARENTING TIME. He should also file for contempt for denied visitations (Where we deal with Court, it's called a SHOW CAUSE hearing).
#42
Chit Chat / Re: Assault
Jun 05, 2011, 08:05:16 AM
Unless your Court Order states you don't have access, then you have access. Find out the state laws, and write them a letter similar to the letter here for school records citing Ferpa and the state law.

As for calling the cops, Waylon is right. You DID assault him and his wife should have contacted the cops. Had positions been reversed, you would have called the cops on him. Just because you're a girl hitting a guy doesn't mean it's not assault. You have no right to put your hands on him.
#43
General Issues / Re: Withholding information
Jun 05, 2011, 06:29:35 AM
It all depends on the Court Order and what it says. My DH is NCP and has to carry insurance and pay 100% of medical and dental co-pays and uncovered expenses. His Order also says that both parents are to inform each other prior to any appointments.

If you put up the wording from your Order, people here may be able to help you :)
#44
I see these activities as "incidental recreational costs" covered under CS (which would mean you all would pay during your time), as they are recreational activities for the child. Personally, I'm thinking "variable expenses" are medical and dental care, educational needs, etc.
#45
Search for HIPPA LAWS on your favorite search engine. It will show up :)
#46
Custody Issues / Re: Play on Words
Jun 02, 2011, 11:19:32 PM
That's some odd wording. I would think that it could go either way. BM gets the first 2 weeks of summer, and it's consecutive. Or, it could mean that BM gets 2 consecutive weeks during your DH's parenting time IF she chooses (of course, that would be around your schedule if there's no set time).  Is there a FOC that you can contact to clarify?

Maybe if you post the whole paragraph on the visitation, we could better help?

As for visitation, it varies based on what is written. If there are times, then obviously that would be when it would occur. If not, it would depend on the exact wording. For instance, in my DH's CO, for summer, it says "The Friday before Father's Day until August 11 each and every year". That would obviously be overnights, because he gets that entire period.
#47
Custody Issues / Re: Come on now!!!
Jun 01, 2011, 07:25:33 AM
Quote from: Kitty C. on Jun 01, 2011, 07:15:35 AM
WOW!!!!!!!!!!!  Way to go, bloom and DH!!!!!!  My favorite part is the very last sentence:  'In the event there is not a smooth transition at the parenting time exchange and the matter is brought before this Court, it would be my recommendation that the Court strongly consider assessing court fines to the offending party.'  Since this is coming directly from the FOC, do you think that the BM will finally heed it?  To be on the safe side, I would strongly recommend that the g-parents have a copy of this in hand when they go to pick up the child...in case they have to show it to a cop, if you know what I mean...

One other concern....are the ONLY notifying her via e-mail, or are they going to back that up with something more concrete?  And will this notice become a permanent part of the file?  Just looking at ways the BM might try to weasel her way out....'I didn't receive the e-mail' or 'It must have been inadvertantly deleted' or 'I didn't receive anything official in the mail' or 'I wasn't served' or.........you get the picture.

I still can't believe it....you guys must be pinching yourselves!  I am SO happy for you!  This is exactly what you needed and the FOC actually came through and in time, too.  Obviously they based this on the BM's previous track record of denials and other BS.  I especially like how they addressed it directly to HER, not as a general notation to you both...because it puts her on notice that SHE is the one who's causing the problems and will be in more doo-doo if she keeps it up.

Keep us informed, bloom!  I can't wait for your post to say that she is there with you!

They always email and follow up with a letter when it's correspondence (actual court paperwork they do only via USPS), so she can't claim she didn't get it. ;) I am SO GLAD she got to this so quickly. The last time we had an issue, it took three weeks. If it had taken that long, BM might still play her game. She won't go against this, and we know this, because she KNOWS we have over 72 violations on her and that DH will HAPPILY submit those along with one for the missed visitation if she doesn't comply. :D We are hoping to use all of these emails (this is the 3rd, I believe, of her trying to deny DH's time), when he fights for primary custody when he returns to the States (along with the violations, refusal to allow proper medical care that is recommended by SD's primary care doctors and her teachers, not providing routine care for SD--DH has had to do it. ALL of the appointments in the last 2 years have been because DH set them and took SD, DH set them on MIL's EOWE, or they are related to the ADHD that DH had to have Court Ordered to follow treatment for, etc etc etc).

As for sending a copy to relatives, yup, we are ON that. lol. We also are sending copies of the COs, a copy of the notice letter we sent BM, POA's for traveling with SD, and copy of DH's orders (we are sending one to MIL, and 3 to my parents--one for my mom, and one to hand to BM and the police if she tries anything. lol).

We are definitely excited.
#48
Custody Issues / Re: Come on now!!!
Jun 01, 2011, 06:32:39 AM
So, as an update...

DH did send a fax to the FOC a few days ago. He also sent a NOTICE TO THE COURT today via fax (and mailed it to BM). BM apparently contacted the FOC yesterday. Tonight (our time, Wednesday morning in the US), DH gets this email... We are so doing the happy dance! It was emailed to BM and CCed to DH for his records (he asked that he be CCed on any response to BM on this topic).

This is in response to your question about a specific time for the Father's summer parenting time to begin, the primary issue being you believe it is at 6pm and the Father believes the time is undesignated.

Pursuant to the Court's Order dated February 20, 2009, it defines the Father's summer parenting time as "from the Friday before Father's Day until August 11th each and every year."  Specific times are not defined.

In a subsequent Order dated June 2009, it does read that the Father's summer parenting time "shall commence at 6 p.m. on Friday, June 19, 2009."  This time and date was specific for summer 2009.

The spirit of the order would be that Father's parenting time begins at some point on the Friday before Father's day and concludes on August 11.  Obviously, due to the distance involved and the air travel, it is important for the two of you to be flexible when arranging pick up and drop off times.  In the event there is not a smooth transition at the parenting time exchange and the matter is brought before this Court, it would be my recommendation that the Court strongly consider assessing court fines to the offending party.

Regards,
FOC CASE MANAGER
#49
What kind of records did he get? I mean, what were the accusations? Is it too late to contest the TRO?

If ONE parent lives in the district, the children can continue their education at their current schools. Your SO would just have to transport them there and back. 20 miles isn't so much time that it would be unreasonable to travel each day, especially if there is a highway to travel on (since they are usually faster). So, if your SO can do the transportation, then really it should be a non-issue.

Look into what your state looks at for custody determinations. Write/type up the answers for each parent. Then compare. If your SO has had primary custody, doing the majority of the child care, taking care of medical/dental/education needs, she should be alright.
#50
Father's Issues / Re: Is this possible??
May 31, 2011, 10:02:14 PM
I will agree with filing NOW. As in, yesterday. In the state we originally dealt with (NC), after 6 months, you cannot request that the child be moved back (unless there is a change in custody, obviously).

You can find ideas online for a motion online, use the format from previous court paperwork and type on up. Have it signed and notarized and submit it to the Court. My DH and I always type up his paperwork. He's had 4 hearings, and only once did he have an attorney.