Thanks for that information. I have so far thought I couldn't return to the school to pick my daughter up. The
BM has ruined every plan to date. When I respond to the BMs motion to change the handovers, I think I might come up with the suggestion that I can pick my daughter up maybe once a month from her school, for weekend visits. I won't volunteer that, but will come up with that suggestion as a "compromise". The way it stands, the BM was ordered to deliver my daughter to me for any weekend visits and also a midweek visit, with the reasoning being that nothing else worked because she caused a scene everywhere else, and particularly outside her home, as she was on home turf. And more importantly, to protect my daughter from witnessing such upsetting behavior, and to give her a message that its OK to come and visit me. All the other behavior had a very negative impact.
The BM has always delivered my child late, but has not made a scene upon arrival. Now she has filed a motion in court to change things so I pick up my daughter and of course this is so she can threaten my daughter and tell her she is not allowed to leave with me and record the scenes she creates, to make it appear that my daughter doesn't want to visit. And her offer of collecting my daughter is futile, because the BM plans on my daughter not leaving with me, so she won't need to be picked up.
I will try and keep things as they are, because there are very valid reasons for the way things have been court ordered, but to show that I am flexible and to show goodwill, I can offer to collect my daughter say once a month, at her school. I see my daughter every other weekend so in effect, by doing this, I would be helping the BM 50% of the time.
I don't know if anyone knows the answer to this, but I am drafting a counter motion. I am guessing I need to address the points raised in the BM's motion, and then raise a few points of my own. What I need to know is, for instance, on the issue where the BM wants to change the parental exhanges back to how they were when things didn't work out, should I simply say in my counter motion that I wish to keep things the way they are, and will provide information relevant to my request at the hearing. Or as well as stating I wish things to remain the same, should I state reasons why? For instance, the BM is stating that drop offs would be "more timely" if I were to collect my child instead of her dropping my child off at my residence. In fact, drop offs should be timely no matter who is driving. Both the BM or I would face the same Friday evening rush hour traffic. If the BM left enough time to allow for traffic, drops offs would be timely. Should I draw attention to this in my Motion? Or should I just state that I believe things should remain the same and also state that I will provide reasons at the hearing?
Does anyone know also, whether I can bring other points up on the counter motion? For instance, raise some additional issues to be addressed?
I do also plan on filing a motion for contempt. A few of the points will cross over and I will reference that in the motion by saying I have filed a contempt motion relating to a particular issue. I am assuming this is how to do it, but if anyone has filed motions without the help of a lawyer and knows the answers, I would be really grateful for advice. I realise it's pretty basic, but not being a lawyer, I am not sure if what I am doing is correct.
The BM has consistently delivered my child late and sometimes extremely late, and one time claimed to have brought my daughter but didnt. So on this point the BM is in contempt (as well as on a lot of other points). It is relevant to her now wanting to change things so she no longer brings my daughter to me, especially since she is claiming if I collect my daughter, the parental exchanges will be "more timely". So I will draw attention to this in the Motion for Contempt.
I am not sure how much information I should divulge in either of the Motions. I feel I should just give an outline, as totally forewarned is forearmed. Any suggestions on this would be much appreciate too. Thanks.