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Author Topic: Need opinions on interpretation  (Read 22343 times)

ocean

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Re: Need opinions on interpretation
« Reply #30 on: Oct 31, 2009, 05:55:58 PM »
They dont like to do it BUT make them put consequences if she does it again written down. Ask for all expenses including the lawyer since she is the one in contempt. Have to file it that way...


MrCustodyCoach

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Re: Need opinions on interpretation
« Reply #31 on: Oct 31, 2009, 07:04:01 PM »
Oh, it most certainly is a crime.  It's just a matter of which one and how it's applied.  It's one thing for police to get hung up on custodial interference matters between parents, but if a third party is involved, they're committing a crime.

Mom could be charged with felony child abduction and anyone helping her for "aiding and abetting" depending upon the circumstances.
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*The opinions in this post are solely my own and do not represent the only way to address any particular issue.

MomofTwo

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Re: Need opinions on interpretation
« Reply #32 on: Nov 01, 2009, 08:32:33 AM »
Your original post was pertinent to Columbus Day only...what does your orders specifically say about your parenting time?  If your orders do not specify the weekends you are to have your children (for example 1st 3rd...etc)...I have seen cases where it was written as just EOW that contempt was not found due to the orders not being specific and both parents claiming the same weekend was theirs due to that. EOW can be ambiguous.  Do your orders specify the weekends?  If not, you may want to file a motion to clarify your weekends. 

footballdad

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Re: Need opinions on interpretation
« Reply #33 on: Nov 01, 2009, 10:00:04 AM »
Your original post was pertinent to Columbus Day only...what does your orders specifically say about your parenting time?  If your orders do not specify the weekends you are to have your children (for example 1st 3rd...etc)...I have seen cases where it was written as just EOW that contempt was not found due to the orders not being specific and both parents claiming the same weekend was theirs due to that. EOW can be ambiguous.  Do your orders specify the weekends?  If not, you may want to file a motion to clarify your weekends. 

The order says that I get them any time they have three days off from school.  The exception is if it's Columbus Day, because that typically falls on her birthday.  It's the exception part which is poorly worded....ex wife isn't even a high school graduate but insisted that it read "instead of Columbus Day" which makes no sense whatsoever.

The Columbus Day weekend itself was never an issue.

The order is specific.  I insisted on this for this very reason....this is like the fifth time that I've had to involve the local law enforcement in helping enforce my rights.

footballdad

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Re: Need opinions on interpretation
« Reply #34 on: Nov 01, 2009, 12:00:18 PM »
Oh, it most certainly is a crime.  It's just a matter of which one and how it's applied.  It's one thing for police to get hung up on custodial interference matters between parents, but if a third party is involved, they're committing a crime.

Mom could be charged with felony child abduction and anyone helping her for "aiding and abetting" depending upon the circumstances.

I'm wondering if I can also pursue civil action against the parties who are aiding her.  Because of them, I incurred expenses in my home state and county (I had to purchase gas to drive down to pick the kids up.)  If nothing else, they'll end up with a judgment on their credit report for 7 to 10 years.

Then again, when we're talking about her friends and acquaintances, we're talking about "Real stories of the highway patrol" meets "Jerry Springer," so a bad mark on their credit isn't likely to make much difference :(


Davy

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Re: Need opinions on interpretation
« Reply #35 on: Nov 01, 2009, 12:07:14 PM »
Football - You're right that this is not about Kris Columbus ... it is merely a side show that has been cussed, discussed and properly vetted in previous posts.

It is relevant that you brought charges against the mother's household for the suffering your child endured which resulted in a conviction and just as important that the children are being denied access to their father.

Speaking from the experience of my children (now adults) that were forced to endure a like situation ... you may want to view every day as "game day" where the children continue to suffer and are at risk.

The abuse is not only physical.  I believe this is at the foundation of why the Criminal Custodial Interference statues exist but for whatever reason they do exist and are pertinant.  Copy the statues (hope they are relevant) and carry with you for law enforcement and presentation to prosecuting state attorney.  WHATEVER IT TAKES to PROTECT THE CHILDREN ( a natural right of every parent ).  And WHATEVER dude... stay cool, respectful, but direct and to the point.  Do not accept anymore excuses.  And, I agree with most everything MrC is posting, the statues do apply to 3rd partys in many states.  An Oregon father recently was able to use these statues successfully.

BTW, just wondering.   Did mom try to do anything to stop the abuse  ???
 
... and ALL civil and criminal statues are on the side of the children and you so there is no need for SpecialK, Jackdaddy or Robdog.

footballdad

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Re: Need opinions on interpretation
« Reply #36 on: Nov 01, 2009, 01:34:21 PM »
Football - You're right that this is not about Kris Columbus ... it is merely a side show that has been cussed, discussed and properly vetted in previous posts.

It is relevant that you brought charges against the mother's household for the suffering your child endured which resulted in a conviction and just as important that the children are being denied access to their father.

Speaking from the experience of my children (now adults) that were forced to endure a like situation ... you may want to view every day as "game day" where the children continue to suffer and are at risk.

The abuse is not only physical.  I believe this is at the foundation of why the Criminal Custodial Interference statues exist but for whatever reason they do exist and are pertinant.  Copy the statues (hope they are relevant) and carry with you for law enforcement and presentation to prosecuting state attorney.  WHATEVER IT TAKES to PROTECT THE CHILDREN ( a natural right of every parent ).  And WHATEVER dude... stay cool, respectful, but direct and to the point.  Do not accept anymore excuses.  And, I agree with most everything MrC is posting, the statues do apply to 3rd partys in many states.  An Oregon father recently was able to use these statues successfully.

BTW, just wondering.   Did mom try to do anything to stop the abuse  ???

Nope....she blamed and grounded the daughter for it.

Trying to find out if the stepfather was involved in any way with hiding the kids from me.  He's on probation, and I'll be having a nice long talk with his probation officer.....

Davy

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Re: Need opinions on interpretation
« Reply #37 on: Nov 01, 2009, 02:50:22 PM »
Yep !  Exactly what I thought !!

They NEVER do anything wrong and it is ALWAYS someone else fault.  Practically destroyed my daughter.

It's been many years and I still can not come to grips with how a parent can allow this to happen let alone blame the child.
 
After many years have passed you may come to confirm / learn / understand that Bozzo is a victim of Bimbo's illness much like you and your children.  Bozzo is easy.  Try desperately to get "the system"  to restrict and punish Bimbo .... the kids (and any grand kids) may benefit in the long run. 

footballdad

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Re: Need opinions on interpretation
« Reply #38 on: Nov 30, 2009, 11:55:24 AM »
Update:  as I may have mentioned already, my ex hid the kids from me when I showed up for my court-ordered parenting time.  I'm preparing a motion for her to be found in contempt for this.

As was discussed at the outset of this discussion thread, she was contending that the order means something which it clearly does not.  Either she's deliberately being ignorant, or her understanding of grammar is so limited that she can't comprehend a sentence.

She was a high school dropout who later went back for an equivalency.  Would this be a good idea to bring up in court, or would a judge likely see this as "bashing" my ex?  If there's one thing the ex is good at, it's playing victim, alleging "abuse" and "harassment" (she once filed for a restraining order because I "lied to get [her] to sign for a legal notification" and because I brought a police officer to an exchange of our children.)

asof2005

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Re: Need opinions on interpretation
« Reply #39 on: Nov 30, 2009, 04:37:17 PM »
I dont know if bringing up her education is a good idea.  My DH is a high school drop out and never got his equivalent and the BM is a drop out too but got her GED.  DH is far more intelligent and better equipped to raise the kids than the BM.  IMO, it would look like bashing because education doesn't make or break your skills as a parent.  I have known some pretty inept people with college degrees too.

 

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