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Is this ok?

Started by gumdropgirl, Jan 04, 2007, 07:24:09 AM

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gumdropgirl

Thank you so much for your help on the previous issue.

This is a letter that I intend to send to CP.

My questions are,

1. is this ok?  

2. Any loopholes that jump out at you?



January 4, 2007


John Doe
111 Any Road
Anywhere, USA


Return Receipt Article CRRR# 0000 0000 0000 0000 0000
Re: Notice of intent to exercise parenting time


Dear Mr. Doe:

As per our court ordered parenting plan I am hereby notifying you that it is my intention to exercise court ordered parenting time on the following dates and times:

Beginning:   As shown on the attached Anywhere USA Schools Calendar, school is released for spring break on March 23, 2007 at 3 p.m.  I will pick up my daughter at 6 p.m. on March 23, 2007.

Ending:   As also shown on the attached calendar, school will resume session on April 2, 2007 at 8 a.m.  You may pick up Jane at 6 p.m. on April 1, 2007.

These dates and times reflect the spring break time that is ordered in the parenting plan.

Beginning:   (_____________________________)
Ending:   (_____________________________)

The aforesaid dates constitute my two consecutive weeks of parenting time during the summer as ordered in the parenting plan.

Since these dates and times reflect exactly what is ordered in the parenting plan, that I have my daughter for spring break this year, and that I notify you by May 1 of each year of the dates I intend to utilize my summer vacation time, I expect that this will not be a problem for you.  If you wish to respond, please do so by Certified U.S. Mail by January 30, 2007.  If I receive no response to the contrary, I will assume this to be acceptable to you.

Also you have, to date, failed to comply with the request of the Anytown District Court to give to me all of my child's school and medical records.  If these records are not forthcoming, my attorney is prepared to file a motion to have you held in contempt of court, an offence punishable by a substantial fine, jail time, and/or order to pay all legal fees and court costs associated with having to compel you to give me the documents.  If you have not delivered these records to me by January 30, 2007, or responded by Certified U.S. Mail by the same date as to why you refuse to give me these documents, I will assume that you are intentionally disobeying the court's request and will have no other choice but to have the aforesaid motion filed.  

I trust you realize that it would not be in my child's best interest to have a parent in jail, and that you will be forthcoming with the required documentation and that this action will be unnecessary.

I look forward to seeing Jane this spring break.

Sincerely,



Jane Jones

CC: Mary Smith,  Smith Law Firm

socrateaser

>My questions are,
>
>1. is this ok?  

I think it's too heavy handed. Comments like it's not in the best interests of the child for a parent to be in jail, are implied threats, and the court will view your behavior as unnecesarily hostile and also not in the child's interests.

I would simply state that per the court orders you intend to exercise your summer parenting time from ??/??/?? through ??/??/?? and that if you don't receive the medical records as previously ordered by the court, within the next 5 business days, that you will have no choice but to ask the court to aid in the enforcement, which would be a waste of everyone's valuable time.

>
>2. Any loopholes that jump out at you?

No.