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Author Topic: Notice of Non-Availibility?  (Read 2299 times)

gumdropgirl

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Notice of Non-Availibility?
« on: Feb 23, 2007, 01:46:29 PM »
The CP has filed with the court a notice of non-availibility saying that my child won;t be available for visitation many dates this year, including over her birthday and many holidays which the parenting plan specificly states that I get. The reason given is "that the child will be out of town visiting family". I have never even heard of this.

1) What do I do to prevent this? I get two weekends a month and she is taking away at least one every month.

PS we have joint legal, and no where in the parenting plan does it say she can just change the visitation.


socrateaser

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RE: Notice of Non-Availibility?
« Reply #1 on: Feb 23, 2007, 02:04:22 PM »
>The CP has filed with the court a notice of non-availibility
>saying that my child won;t be available for visitation many
>dates this year, including over her birthday and many holidays
>which the parenting plan specificly states that I get. The
>reason given is "that the child will be out of town visiting
>family". I have never even heard of this.
>
>1) What do I do to prevent this? I get two weekends a month
>and she is taking away at least one every month.
>
>PS we have joint legal, and no where in the parenting plan
>does it say she can just change the visitation.

If you have court ordered visitation and the other parent has no right to deprive you of your time under the court orders, then the filing of a notice with the court that the child will be out of time, is prima facie evidence of contempt, admitted directly into the court file.

This is roughly the equivalent of playing russian roulette with all chambers loaded.

I don't know whether there is a history of frustrating your access to parenting time, but if so, then this might be a good time to use the evidence as a rationale to ask for more. You could go to court for clarification and for contempt and ask that the other parent pay your attorney fees as a sanction.

gumdropgirl

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RE: Notice of Non-Availibility?
« Reply #2 on: Feb 23, 2007, 02:12:04 PM »
1) Could someone really be that stupid?

2) So it doesn't mean anything? I can have my time as usual?

Yes there is a history, but my attorney won't do anything about it. She was ordered to produce medical records over a year ago and no-go so far. My atty won't push the issue, and i don't have the retainer to hire another one.

socrateaser

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RE: Notice of Non-Availibility?
« Reply #3 on: Feb 23, 2007, 08:42:18 PM »
>1) Could someone really be that stupid?

Apparently so.

>
>2) So it doesn't mean anything?

It means that if you don't stop her, then your kids will be gone when you come to get them.

I can have my time as usual?

Yes. If the kids are there.
>
>Yes there is a history, but my attorney won't do anything
>about it. She was ordered to produce medical records over a
>year ago and no-go so far. My atty won't push the issue, and i
>don't have the retainer to hire another one.

Your attorney works for you. If you don't assert your rights, then you have no one to blame but yourself.

 

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