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Author Topic: what does it really mean?  (Read 3192 times)

spinner

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what does it really mean?
« on: Jan 21, 2004, 08:33:23 PM »
Court divorce decret state:

Respondent shall be responsible for transporting the child from petitioner's residence at the commencement of parenting time, and petitioner shall be responsible for transporting the child from Respondent's residence at the end of parenting time.

Here is the question: I want to know if it says that I have to pickup my kid myself or if I can arrange for someone (like my parents) to pick my kid ????


kiddosmom

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RE: what does it really mean?
« Reply #1 on: Jan 21, 2004, 09:17:46 PM »
keep reading your CO, look for the phrase : designating a competant adult:

from your post you and your ex pick up and drop off.


spinner

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RE: what does it really mean?
« Reply #2 on: Jan 21, 2004, 09:34:17 PM »
no such language in the CO,
just what I wrote, no : "designating adult, ...."

I had read before that if it doesn't say "only the respondent, ...." that it mean any one.

responsible for transporting, ..... could it be interpreated as "responsible to arange for transportation" therefore appoint someone ?

lucky

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Hey, Spinner....
« Reply #3 on: Jan 21, 2004, 10:13:50 PM »
We're in MN too and we read dh's orders to be either dh or a designated adult.  His has no specific wording stating he can, but we just did it anyway.  If she refuses to allow the child to go, I'd file contempt -- your order is still pretty new, she'd probably look bad, especially with all the other garbage that you have stacked up since the judge signed your order.
Lucky

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nosonew

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RE: Hey, Spinner....
« Reply #4 on: Jan 22, 2004, 09:05:33 AM »
Ours was like this too.  And the court meant it to mean that you are "responsible" to get the child picked up, but bm would throw a fit on who could or couldn't, so we had to go back to court to get that and many other things worded very specifically.  

Good luck!


kiddosmom

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RE: what does it really mean?
« Reply #5 on: Jan 22, 2004, 09:49:50 AM »
You may want to ask your atty what there interpitaion of that is.

The wording there to me means mom and dad are responsible for d/o-p/u.. otherwise it would say responsible for making arangment for p/u-d/o.

spinner

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thanks to everyone
« Reply #6 on: Jan 22, 2004, 01:27:47 PM »
I will try and see what she says, if she puts a fit then we will have to see then.
Thanks all for your help

mudbunnies

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perhaps...
« Reply #7 on: Jan 23, 2004, 07:02:48 AM »
If you decide to send a competent adult, send a notarized letter with them...

such as;

i, (name) father of (name) hereby authorize (name) to transport my child from blank to blank in accordance with the (title of the final judgment) to facilitate my visitation / parenting time.

sign

notarize

attach a copy of the judgment and then, if the party picking up has any difficulty they can file a police report, show a copy of their notarized letter and the FJ and that gives you the framework for the contempt.

its just my idea though, hope it helps

spinner

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RE: perhaps...
« Reply #8 on: Jan 23, 2004, 11:19:52 AM »
helps lot, thanks,

What I did is a limited power of attorney PLUS the notarised letter :)

MixedBag

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RE: what does it really mean?
« Reply #9 on: Jan 24, 2004, 03:31:02 PM »
It means that you have to pick up your child and that she has to pick up for the return.

Now, I don't remember just how far apart you two are....but I do remember that your child is young.

I suggest that you ask her IF someone else can pick up.  If she says "Yes" then fine so be it and make the arrangements.  If she then denies, go get the child the next time and expect the same of her.  You probably won't "win" a contempt based on one event with your words.

If she says NO, then you can expect the same of her and that she needs to show up at YOUR door step.

One of my orders says the same thing -- but we are far apart and we've agreed that the translation is to share the transportation 50/50 in terms of doing it (getting the kids to the airport) and then splitting the airline ticket cost.  

When my EX disagreed with an issue last year and pulled out the decree to prove his point -- he had the same words.  I told him that it meant he has to come HERE and get the kids and I have to go THERE and retrieve them.  He didn't like that at all -- extra plane ticket and rental car -- and realized that what we were doing was best for him.

Good luck

 

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