did I do the right thing? what to expect in court ?

[spinner]

ok so let me paint the picture:

- Our son and I has familly in europe (note we are all american anyway)
- we weent to europe in vacation before
- I asked ex to give a written approval to go this summer as per our court order
- ex refused, and denied mediation
- I filed a motion to authorise me to go to europe with our child (not heard yet)
- I had a friend mail ex and her attorney the motion and papers certified return receipt and done affidavit of service
- Ex and I have a mutual agreement not to go by each other's home, ... mutually agreed restraining order
- the letter had my address as return address so I would get the return receipt
- Ex contacted me (on the only agreed way: by a web site) to tell me that she received letter but decided not to open it as it violate the mutually agreed restraining order (note the order doesn't say I can't mail her anyway).


So from my point of view, I served her with the motion, her attorney as well, filled with court, she even tell me she received it BUT refuses to open the letter, ...
Do I need to worry?

what is going to happen in court if she does not show up ?
I also have proof that her attorney of record received the motion, ....

any insights?

[ocean]

If her attorney has it then you should be fine. If she does not show then you have a great case :) What is her reasoning behind not letting him go? I would think that if you have return flight info and a history of going and coming home the judge should swing in your favor. Good luck!

[spinner]

She has no point, she is just trying to be controling.

state she is concern we won't come back.

Bottom line is I am american, I have a home here, we went and came back before, .... she has no case even if she shows, ...

She simply said: "I said no, stop bugging me" so I filed the motion

[spinner]

She has no point, she is just trying to be controling.

state she is concern we won't come back.

Bottom line is I am american, I have a home here, we went and came back before, .... she has no case even if she shows, ...

She simply said: "I said no, stop bugging me" so I filed the motion

[ocean]

That is absurd!!! At least she has to pay for her lawyer for her stupidy...I am sure you will prevail. Is this on your time with him? Good luck!

[spinner]

I am sure I will prevale too.
She might not even show up, she owes her attorney over 15.000 from her last BS, ....

yes during my summer time, ...

[flewwellin]

I am not a big fan of someone trying to stop me from doing something.  However I'd say going out of country might actually make her concerned.  You may have a wonderful track record in comings and goings.  The fact is you have family there, just because you have a home here and are american doesn't mean you won't try to hide the child there in another country.  I'm not questioning you but just letting you know that it's possible and even probable that she is truly concerned.  Think about it if you were in her position.  Would you like it if the sittuation was reversed?

[spinner]

no I think you are missing the point, we actually went over there with my son before.
She recently blacked mail me for some money in exchange of her agreement.

I filed the motion to court, we'll see soon