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Author Topic: Here we go again....  (Read 6530 times)

Kitty C.

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Re: Here we go again....
« Reply #10 on: Jun 29, 2016, 09:47:20 AM »
Ocean, since BM and DS were representing themselves....and didn't know that if they wanted anyone else heard, they had to ask to have them sworn in....no one else was able to make a statement.

DS already got the decision....the NCO has been continued.  Would love to know the judge's reasoning behind that, since the first one was never violated and it was solely based on her statement of 'being afraid', tho I don't know of what. But we don't know what the conditions are yet...the clerk of court said they were mailing that out, so DS should have that in the next day or 2.

What gets to me is that if the judge does change intermediaries to my B and SIL, then GD will have to be exchanged TWICE every time.....BM to B or SIL, then B or SIL to either DS, DH or I.  And if that does happen, I can see my B and SIL demanding that it be only DS who does the exchanges with them, just so they can try to get under his skin.  If that happens, DS will have no choice but to file for contempt.  I WILL insist to DS that exchanges should be done in a public place with cameras.  But unfortunately, we live in a very rural small town.....I'd have to look around to see if there's any business with cameras in the area.  Otherwise, there's a police station not far from BM's apt. (she lives in a larger city about 20 miles from us....it's also where DS and I work) where exchanges could be done.

Praying to God that we get GD this weekend.....
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......


MixedBag

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Re: Here we go again....
« Reply #11 on: Jun 29, 2016, 01:59:36 PM »
or someone always goes with him....with a video camera mounted on the dashboard pointed at them...

Take a cheaper GO PRO and start playing with it.

Or buy a bodycam.

Technology has so changed....from back in the day...

ocean

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Re: Here we go again....
« Reply #12 on: Jun 29, 2016, 02:28:48 PM »
I have found that judge will keep RO until they see things calm down. The RO is between who (BM and  ?)
Can you go down and get a copy yourself so you know what is up for this weekend?

Kitty C.

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Re: Here we go again....
« Reply #13 on: Jun 29, 2016, 03:52:52 PM »
It's not a typical restraining order, just no contact with a temp custody schedule in it.  It's between BM and DS.  If BM was so worried about GD supposedly being in danger at our place due to 'alcohol', then why didn't she get a NCO for GD against us, too?  Because I know she can't....no evidence.

I know that the order may come in the mail either today or tomorrow.  Mail is pretty quick around here and I doubt that they would let me have a copy at the courthouse anyway.  We'll know soon enough....

Thanks for the reminder, MB....we may very well have to do that.
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

MixedBag

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Re: Here we go again....
« Reply #14 on: Jun 29, 2016, 05:37:12 PM »
Maybe as a matter of strategy, dad needs to file to have the NCO lifted -- OR file to have a permanent parenting plan established in Family Court and have the NCO lifted that way. 

Which court issued the NCO?  (In WV it would have been the magistrates court -- not family court)


Kitty C.

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Re: Here we go again....
« Reply #15 on: Jul 01, 2016, 09:38:23 AM »
It is magistrate court, MB.

Got a text msg from my B yesterday morning that they would be out of the are this weekend and would be in touch next week.  Then last night we got the order in the mail......intermediaries have been changed to B and SIL.  :(  It also says all other details of original order stay in place and that it takes effect immediately.  When I found this out, I texted B to find out if they were going to do the exchange before they left.  His response was they are already out of state and would be in touch next week.  I informed him they are in violation of the CO and quoted the order to him.  no response until after 10 last night from my SIL.  She stated that they talked to a deputy and that he told them they could go by the original order that says it starts on July 11th.....but it also says 2015.  She also sent a picture of the original order where that is stated, which was sent to her by BM.

I texted to her that LE cannot interpret civil orders, only the court can.  And if DS would have had GD last weekend, since the original order WAS still in effect then, it wouldn't be an issue this weekend.  I also told her that she should contact the clerk of court today to find out and reminded her again that the new order takes effect immediately.

I have a gut feeling that they took GD out of state.  I am going over to the courthouse at lunch to pick up copies of both the original and revised orders.  I think there was a clause in the original that the child could not go out of state without permission from BOTH parents.  If they've taken her OOS, they are in deep doo-doo......   >:(
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

MixedBag

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Re: Here we go again....
« Reply #16 on: Jul 02, 2016, 06:39:53 AM »
did you get the original order and find the clause??


Kitty C.

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Re: Here we go again....
« Reply #17 on: Jul 05, 2016, 02:41:15 PM »
I did....there's nothing in there that the child cannot go out of state without both parents' permission.  Hopefully DS is filing for contempt today, if he can get to the courthouse on time.  The day after a major holiday weekend is pretty busy for his job.

Another wrinkle....they are taking things of my mother's that aren't theirs.  My sister and I went to my mother's apt. on Sat. and found her glider rocker and hickory willow bough rocker gone.  They were the only other ones who have a key, besides the manager.  Mom had told us kids a long time ago that she didn't want us fighting over anything when she's gone, so if we wanted something, we had to put our name on it.  My name is on the bottom of the willow bough rocker....it's almost 65 years old.  My sister wanted the glider rocker.  I asked Mom if she thought they knew those rockers were spoken for and she said she thought they did.  They will have to answer to her about that.....
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

MixedBag

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Re: Here we go again....
« Reply #18 on: Jul 05, 2016, 05:27:42 PM »
time to change the locks...

Kitty C.

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Re: Here we go again....
« Reply #19 on: Jul 06, 2016, 07:48:28 AM »
I wish I could, MB.....but her apt. is in a retirement community where they all have the same type of door locks.  As a vol. EMT, our unit has a master key in case we need to get in on emergency.  Considering we will have to move her stuff out within the next few weeks, I doubt that the mgmt. would allow us to do that.

Did my very first legal document last night...the affidavit to show cause for contempt.  DS just has to take it to the courthouse to get it filed.  Unfortunately, he can't do it today due to work.  I hope he can find time tomorrow to do it.
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

 

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