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Author Topic: End of my rope  (Read 1894 times)

mattie

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End of my rope
« on: Mar 05, 2007, 06:49:53 AM »
Hey Soc

Live in NJ as well as all other parties. Have joint custody. This past friday I went to pick my son up from school--I have a court order that I can pick him up from school,but b/c he has moved recently I don't do it everyday. I brought the proper paperwork to the school

They called to check with mother first and she said don't send child, call the police-which they did. Police told me that I could not take the child and would have to wait till 6:00 for drop off (which is our usual drop off time on my weekends)(but I also have right to pick up from school)

After mother had police escort me out of school she then refused to drop him off for my weekend.

I have written before about her throwing out my cell phone and not allowing any calls from me.

Question: What can I do? Will they just give her a slap on the wrist for this behavior if I take her to court?


socrateaser

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RE: End of my rope
« Reply #1 on: Mar 05, 2007, 08:36:07 AM »
>Question: What can I do? Will they just give her a slap on the
>wrist for this behavior if I take her to court?

Law enforcement does not enforce a civil court order unless it is absolutely unambiguous on its face. So, if the school and the police would not permit you to pick up the child, and your order clearly permits you to do so, then I must assume that you are misinterpreting your rights under the order, because the althernative is that the police and the school have violated your civil rights -- which would entitle you to sue them in Federal Court.

If you want me to provide accurate advice, you will need start by posting the EXACT text of your court orders.

I'm never very impressed by NJ's legal system, but something seems a little unusual with your circumstances.

mattie

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RE: End of my rope
« Reply #2 on: Mar 05, 2007, 08:49:14 AM »
The exact text reads

The Husband shall pick up "name of child" each weekday after school including early dismissal and return to paternal grandmother at 6:00 pm the same day.

However once my son and his mother moved I was not picking him up everyday-so when we went back to court recently she made a proposal that the order read Pick up every other weekend-with drop off of 6:00--however this has not been  signed off on by any judge yet-it is a proposed order--the signature on bottom of page is blank where judge should sign- there for this should not be active-first order should over-ride that . I only was picking him up this one day because it was his B-day so I took off work early,and she knew that.

They were confused between the 2 orders and went with being safe and listened to her- She knew this order was not in effect yet.


socrateaser

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RE: End of my rope
« Reply #3 on: Mar 05, 2007, 12:01:00 PM »
>The exact text reads
>
>The Husband shall pick up "name of child" each weekday after
>school including early dismissal and return to paternal
>grandmother at 6:00 pm the same day.
>
>However once my son and his mother moved I was not picking him
>up everyday-so when we went back to court recently she made a
>proposal that the order read Pick up every other weekend-with
>drop off of 6:00--however this has not been  signed off on by
>any judge yet-it is a proposed order--the signature on bottom
>of page is blank where judge should sign- there for this
>should not be active-first order should over-ride that . I
>only was picking him up this one day because it was his B-day
>so I took off work early,and she knew that.
>
>They were confused between the 2 orders and went with being
>safe and listened to her- She knew this order was not in
>effect yet.

Seems like you have a case against the other parent for "uttering," which is the act of purporting a document to be something other than it actually is, and acase against the government for a civil rights violation.

However, if the judge signs that order, then your case will be moot. So, the issue becomes, how likely is it that the judge will sign this order? Are you just positioning yourself to try to thread a temporary needle, or is there no reasonable likelihood that the judge will enter this proposed order? Is the order before the judge right now, and he/she just hasn't signed it but intends to do so? Are there other reasons why you would likely be denied your current custody rights in favor of a more restrictive order?

I can't answer these questions, but you can.

 

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