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Author Topic: Visitation issues during Divorce- transportation, cancelation, etc.  (Read 4134 times)

steelmaggie

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Hello all- I'm in in the middle of a divorce, two kiddos ages 16 and 13.
I live in the family home, the ex lives with his parents following a domestic violence offense. He was granted temporary visitation in April, consisting of every other weekend and every Thursday night. He wasn't permitted to pick up the kids due to a protection order, so his parents were transporting. The DV charge was reduced and PO canceled. The judges temp orders say communication is to be limited to the children and his parents continue providing transportation.

He cancels fairly regularly and does not communicate AT ALL! He doesn't acknowledge texts, emails, or answer calls. His attorney advised that all communication should transpire through his mother. My attorney said whatever. After attempting to communicate with him, I broke down and called his mother. Of course she has no answers because she has to speak to him. She told me today that the visitation orders will need to be modified in the winter because she doesn't want to transport them to school on Friday mornings because of snow....ughhh! I guess I don't even have a question. I'm just frustrated that I was married to this man for 15 years and his mother is calling the shots. I'm not sure if this is significant enough to tell my attorney or not.


tigger

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She's not calling the shots.  It's up to him to get the kids to school when he has them.  If he needs to change the order because he's unable to provide transportation, he'll need to take it back to court. 

However, you could just draw up a Consent Order and see if he'll agree to it.  If so, have him sign and then have a judge sign off on it.
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DadsCrushed

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Huh? You got a protective order against your ex and your texting him and your upset because he won't respond and has instructed you to go through is attorney. I don't see what the problem is?

tigger

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Huh? You got a protective order against your ex and your texting him and your upset because he won't respond and has instructed you to go through is attorney. I don't see what the problem is?

Wrong.

The DV charge was reduced and PO canceled. The judges temp orders say communication is to be limited to the children and his parents continue providing transportation.

He cancels fairly regularly and does not communicate AT ALL! He doesn't acknowledge texts, emails, or answer calls. His attorney advised that all communication should transpire through his mother.

The protective order was cancelled so there's nothing legally to prevent him from responding. The order says communication is to be limited to the kids.  She's texting in regards to the kids and he's ignoring communication. You can't co-parent if there's no communication. His parents are to provide transportation.  However, his lawyer is saying that communication needs to go through the paternal grandmother. There's nothing legal to back that up. She's frustrated with the situation but if you take out her frustration (emotion) and look at it from a legal stand point, the mother can't say "the orders need to be changed", only the parents can make that determination so she's not calling the shots. BM can ignore PGM.
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BusyMom

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Hello all- I'm in in the middle of a divorce, two kiddos ages 16 and 13.
I live in the family home, the ex lives with his parents following a domestic violence offense. He was granted temporary visitation in April, consisting of every other weekend and every Thursday night. He wasn't permitted to pick up the kids due to a protection order, so his parents were transporting. The DV charge was reduced and PO canceled. The judges temp orders say communication is to be limited to the children and his parents continue providing transportation.

He cancels fairly regularly and does not communicate AT ALL! He doesn't acknowledge texts, emails, or answer calls. His attorney advised that all communication should transpire through his mother. My attorney said whatever. After attempting to communicate with him, I broke down and called his mother. Of course she has no answers because she has to speak to him. She told me today that the visitation orders will need to be modified in the winter because she doesn't want to transport them to school on Friday mornings because of snow....ughhh! I guess I don't even have a question. I'm just frustrated that I was married to this man for 15 years and his mother is calling the shots. I'm not sure if this is significant enough to tell my attorney or not.

Is the Grandmother saying she doesn't want to do the driving.  Honestly, I can see her point.  When the grandmother said they needed to be modified, what did she think the new plan should be? Are they wanting you to drive, if so, that's not right.  If you are demanding the grandmother take them, well that's not right either. 

But, what it means is that the kids just don't go for those visitation times.


 

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