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What to file???

Started by Imom, Jul 02, 2005, 05:58:06 PM

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Imom

Soc....

Wondering what we can file to compel (sp?) bm to take ss to the airport.
I think we would need to change the transportation arrangements too along with that.

As per co:

Transportation: The parties acknowledge that this arrangement may lead to considerable expense for transporting the child between residences. After careful consideration and discussion, the parties agree that transportation shall be the responsibility of the non-custodial parent.

........

BM lives 11 hours away....with gas prices-hotel it would be cheaper to fly ss home.......but bm will not take ss to the airport. Dh is more then willing to pay for her fuel.....

1.what can we file if anything that would allow dh fly ss home that would also order bm to take ss to the airport????

socrateaser

>Soc....
>
>Wondering what we can file to compel (sp?) bm to take ss to
>the airport.
>I think we would need to change the transportation
>arrangements too along with that.
>
>As per co:
>
>Transportation: The parties acknowledge that this arrangement
>may lead to considerable expense for transporting the child
>between residences. After careful consideration and
>discussion, the parties agree that transportation shall be the
>responsibility of the non-custodial parent.
>
>........
>
>BM lives 11 hours away....with gas prices-hotel it would be
>cheaper to fly ss home.......but bm will not take ss to the
>airport. Dh is more then willing to pay for her fuel.....
>
>1.what can we file if anything that would allow dh fly ss home
>that would also order bm to take ss to the airport????

The following motion assumes you are Respondent in your case...reverse with Petitioner, as appropriate. Also, if your jurisdiction uses judical forms for pleadings, then the supporting affidavit portion of this motion can be used as an attachment to the form:

------------------------------

(Standard Court Caption info for your juridiction: court name, party names, case number, etc.)

Motion and Affidavit for Order Clarifying Transportation Incident to Exercise of Parenting Time

Respondent, YOURNAME, in propria persona, hereby appears and moves that the court order Petitioner to cooperate in the transportation of the Parties' minor child, incident to Respondent's exercise of parenting time, by utilizing commercial air carriers.

In support of the above motion, I, YOURNAME, after first being duly sworn, do hereby depose and say:

1. That I am Respondent in the above-entitled action, and if called upon, I could testify competently to the matters set forth herein, of my own personal knowledge.

2. On ??/??/??, I wrote a letter to Petitioner requesting that she agree to use a commercial air carrier to transport our minor child over the X hundred miles incident to my exercise of parenting time (see Exhibit #1, attached). The alternative, being that I will need to drive 11 hours in order to exercise my parenting time.

3. Petitioner refused my request, even though I offered, not only to pay the cost of the air fare, but also to cover the reasonable cost of Petitioner's transporting our child to and from the airport.

4. I believe that my request is reasonable, and in our child's best intererests, and that Petitioner's unequivocal refusal appears to be for no reason other than to frustrate my parenting rights.

5. For all of the foregoing reasons, I hereby request that the court order Petitioner to cooperate as necessary to use commercial air carrier services to facilitate my exercise of parenting.

By: _____________
YOURNAME
Respondent, Pro Se
STREET
CITY, STATE ZIP
CONTACTFONE

Subscribed and sworn to, before me, this ____ day of ____, 2005


By: _________
NOTARY PUBLIC
My commission expires: ________

---------------------------------------------------

Order to Enforce Parenting Time

The court hereby orders:

Judge's Initials

_____ Petitioner and Respondent shall cooperate with each other as necessary to facilitate any future transportation of the Parties' minor child incident to either Parties' exercise of parenting time, via commercial air transportation, or by any other reasonable means.

_____ The motion is denied.


Dated this _____ day of ______, 2005,

By: _________
Judge of the _____ Court
---------------------------------------------

I can't imagine a reason why the judge wouldn't sign this order in about five seconds. So, I suggest that you send a letter to the other parent detailing your request and stating that if you do not receive a positive response or a rational explaination for her refusal within 3 days, that you will file a motion to have the court order her to reasonably cooperate in this matter.

Imom


Imom

We were given advice to make this motion an emergancy motion so it would be heard before ss is to return on August 9 for the school year.

We did that however the judge ordered a hearing 2 days after ss returns. I am pretty sure why he did and probably should have made things a little more clear in the motion.

The current co refers to NO party being the CP or NCP. It simply states Joint Legal....Shared Physical in the following manner...

DH is to have physical custody from one week before the school year until one week after. BM is to have physical custody anytime child is out longer then a three day weekend.

Visitation----DH even year x-mas vacation--BM odd year---anyother reasonable upon advanced notice.

This is what the co states word for word for transportation;

4. Transportation: The parties acknowledge that this arrangement may lead to considerable expense for transporting the child between residences. After careful consideration and discussion, the parties agree that transportation shall be the responsibility of the non-custodial parent.

Even though its NOT in the co both parties wanted it as they have been doing IE: When dh has physical custody he is the cp thus bm is the ncp- then when bm has physical custody she is the cp and dh is the ncp.

We still have one of the old home courts/judges I am sure there are many out there. At the last hearing when bm filed for custody the judge assumed BM did ALL transportation( she had moved and at that time 1998 it was a big thing that the moving parent did all transportation). She did testify to what they had agreed to (rather what they thought they did) and what they had been doing.

Our courts assume because its not in the co other wise DH is the Primary Custodial Parent because they have a 70/30 split. Therefore with the co BM is to do all the transportation.

Other issue is bm moved since last hearing...we had the run around getting her addy..had to get advice from you (Thank You). DH sends everything to bm certified (sometimes over night delivery which she still has to sign for) bm will NOT pick anything up if a notice is left we have to ask for things to be redelivered.

DH sent bm a overnight copy of the motion he filed. Our court said they would serve her but when dh came back they did not keep all the copies they said they would. Not knowing if bm still has her free legal aid attorney from last time dh sent her a copy just to make sure she got it. That may not hold up in court we don't know?...

The court will send the motion and order for hearing to bm certified/return receipt (its in the order we received today). It went out yesterday.

Someone gave us advice to file a motion due to the fact that the court date is after the pick up date.

1. Would that be wise?

2. If we should what would be the "title" of the motion?

4. If bm is not home to receive the motion and order for hearing and does not pick up the letter thus not show up what will the court do?

socrateaser

>
>Someone gave us advice to file a motion due to the fact that
>the court date is after the pick up date.
>
>1. Would that be wise?

I would talk with the court clerk or judge's assistant and explain that the hearing date as set will force you to make the very drive that you are attempting to avoid by obtaining a court order. I should have made that deadline clear in the motion I wrote earlier, and maybe the date would have been set earlier.

>2. If we should what would be the "title" of the motion?

It's not clear to me at this point as to the exacdt status of your case. If you filed the motion that I prepared, then you have a motion before the court already, and you just need to try to move the hearing date.

>
>4. If bm is not home to receive the motion and order for
>hearing and does not pick up the letter thus not show up what
>will the court do?

If the court is sending out the motion on it's own responsibility to the parent's address of record with the court, and that parent doesn't respond, then you will probably be awarded the change in transportation without her attendance.

Due process requires notice of a pending legal action and opportunity to appear and defend. There's no guarantee in due process that if you ignore your notice, that you will still get your opportunity.

Imom

I should have told you I did put in the motion twice of the date ss is to return and even added it to the order.

I did not tell you when ss was to come back and he was going back for the school year so that was my fault.......

I am still pretty sure the judge is confused by the co (trust I would be if I didn't already know). But I will have dh call up there and see what they say. Thank You

Imom


Shoud dh bring anything to the hearing?

I thought about a print out from mapquest to show the distance/time between the parties homes. Information from various websites regarding unaccompanied minor policies. Or would that type of information be hear say and not allowed?

socrateaser

>
>Shoud dh bring anything to the hearing?
>
>I thought about a print out from mapquest to show the
>distance/time between the parties homes. Information from
>various websites regarding unaccompanied minor policies. Or
>would that type of information be hear say and not allowed?

Map would be good. nNt hearsay, as long as dh testifies that he searched for and printed the map himself.

I would print out some proposed itineraries and the total cost of each, including the unaccompanied minor policy. You never know, the judge might make the other parent contribute something -- doubt it, but possible. Mostly, you want to show that established commercial flights are available between locations.






Imom

Dh called the assistant stated this was the soonest they coulrd hear this case...she said the judge wanted it to be before Aug. 9th but there was no way they could squeeze it in until Aug. 11. She state he was lucky to get that date.....the problem is it is a second set and may get pushed out.

socrateaser

>Dh called the assistant stated this was the soonest they
>coulrd hear this case...she said the judge wanted it to be
>before Aug. 9th but there was no way they could squeeze it in
>until Aug. 11. She state he was lucky to get that date.....the
>problem is it is a second set and may get pushed out.

You could write the other parent and suggest that the two of you stipulate to waive an oral hearing on the matter, and ask the judge to rule based only on the written pleadings. That's about all I can suggest at this point to try to speed up the process.

Imom

DH is concerned bm will bring up the fact she wishes do pick up ss from school.

DH likes the fact of knowing that ss is picked up after school for the what if cases plus SS has daily medication that needs to be given to bm (ss can not take it to school (policy)).

There is no set times (or days) in the co. We have always had bm pick up at 3:30pm on the day school releases for said periods....this gives ss time to come home, change, clothes, say his good byes, I take him to dh to say good bye then drop him off at the neutral location.

This went on for about 2 years, then we started to meet halfway the day after school released for said periods at 12pm; did this for about a year.
This did not work out. So back to the above since last Thanksgiving.

Since there is no pickup time/day we have always picked up at 8am on the day before school resumes (remember its a 10 hour drive home).....there have been fights over this but......we will more then likely have to travel by car this Thanksgiving....unsure as of yet.

Now all of a sudden picking up at 3:30 cuts into bm's travel time. BUT get this would be willing to pick ss up from school, bring him to our (mine and dh's) home to change clothes, get his meds and say good bye, then take him to dh's work to say good bye. I guess she forgot all about the neutral location, Plus how does that really save time which leds back to what if she is running late, car trouble, etc.

Dh is unsure if this could be tangled into the Transportation Part of the Order......thus making it part of the motion he filed even though he only refered to air transportation. He would rather have the upper hand and beat bm to the punch if he can.


1. Should dh file a motion to have this settled at the same time of the hearing already set?

2. or is this a totally different matter

3. If this is a totally different matter and dh should not file anything how should he prepare for the fact that bm brings this issue up at the hearing?



socrateaser

>1. Should dh file a motion to have this settled at the same
>time of the hearing already set?

If there's still time to serve the other parent with another motion, then I'd try to have it set for hearing immediately after the existing motion. If you can do this, then I'd serve her and file it. Otherwise, I'd just stick to the existing orders until she refuses to comply with them, and then I'd file it as a separate motion.

>2. or is this a totally different matter

It's a different matter, mainly because you didn't raise it already, so the court's not briefed. It's different enough so that you can't really suppliment your existing motion, which is why I'm suggesting what I am suggesting.

>3. If this is a totally different matter and dh should not
>file anything how should he prepare for the fact that bm
>brings this issue up at the hearing?

Simple (sort of). "Your honor, Ms. X is raising an entirely different issue on which the court is not briefed, nor have I had an opportunity to consider an appropriate response. I therefor request that the court set this new matter for another hearing and give both parties an opportunity to brief the court on our respective positions."


Imom


Imom

Bm still has her attorney.....he filed a motion to allow her to appear by telephone and for the hering to be in chambers due to she lives 596 miles away and does not th finanical means to travel here for the hearing.

Its bm's own actions why the hearing must take place by not placing ss on the plane. Her argument is going to be that ss will be flying alone as thats in this motion as is only 9. (ss turned 10 on the 11th)

1. Can dh file something to object to this thus making her appear in person?

Imom

Dh has been (should say just started) recording his and bm's conversations. Indiana is a one party state and Mississippi is a one party state.

However we are still unsure if this is illegal. If this is he will stop doing so.

He called bm and asked about this situation bm stated she did not feel sure he should travel alone. Dh explained about the filght attendent, rooms like the Dusty's Den,etc.

Dh called her back because he wanted to make sure she understood what he wanted.....he didn't her permission to fly him BUT needed her help getting ss to the airport she stated NO.

Dh did tell bm he would pay for her fuel.

During these convos bm asked if we were having trouble getting ss up there. Dh explained no, that this would be cheaper and less travel time. Several times bm OFFERED to bring ss home she does not work in the summer.

Dh did not take her up on her offer because he does not trust her.

Dh would like to offer this to the court.....she was willing to bring ss home she did not ask for the money to bring ss home just that she would.
Now she can not come to the court hearing?

But on the other hand dh does not want to seem controling.

1. First question would be are the recordings illegal?

2. What would you recommend regarding these recordings if they are not?

socrateaser

>1. Can dh file something to object to this thus making her
>appear in person?

The following response assumes you are Respondent in your case...reverse with Petitioner, as appropriate. Also, if your jurisdiction uses judical forms for pleadings, then the supporting affidavit portion of this motion can be used as an attachment to the form:

------------------------------

(Standard Court Caption info for your juridiction: court name, party names, case number, etc.)

Respondent's Response to Petitioner's Motion for TITLEOFMOTION
Respondent, YOURNAME, in propria persona, hereby appears, and responds to Petitioner's motion for TITLEOFMOTION as follows:

State of ____, County of ____ ) ss.

I, YOURNAME, Respondent, after first being duly sworn, do hereby depose and say:

1. I oppose Petitioner's request to appear by telephone for the simple reason that Petitioner is attempting to avoid the very activity that I have attempted to mitigate through this instant motion, i.e., to avoid an unnecessarily time consuming drive between Petitioner's and my locations.

2. Ordinarily, I would not oppose Petitioner's motion, because I doubt that her personal testimony will be probative as to our child's maturity to make an unaccompanied trip on a major airline. However, it is a supreme irony that Petitioner would seek to impose an unnecessary drive upon me in pursuit of my exercise of parenting time with our minor child, that Petitioner would simultaneously seek to avoid that drive herself, by requesting permission to appear by telephone.

3. The court should immediately see the inequity in not demanding that she appear in court, as she demands that I appear to pick up our child.

4. Although I have already presented my points to the court in my motion pleading, the idea that Petitioner suggests that our reaosonably healthy 10 year old child cannot fly unaccompanied on a major air carrier, using the standard procedures specifically established by the airline to provide for such routine air travel, is a frivolous waste of the court's valuable time. Opposing counsel should have told Petitioner this, and thereby avoided this entire hearing, as well as Petitioner's unnecessary drive to appear and defend.

5. The court will not learn anything about our child's maturity to make this trip alone, whether Petitioner appears in person or not, but the court has already learned a great deal about Petitioner's own maturity, by her clear preference for forcing others to endure responsibilities that she is unwilling to endure herself.

For all of the foregoing reasons, I hereby request that the court deny Petitioner's request and order her to make her appearance before the court, in person, like everyone else.

By: _______
YOURNAME
Respondent, Pro Se
STREET
CITY STATE, ZIP
CONTACTFONE

Subscribed and sworn to, before me, this ___ day of _____, 2005

By: ______
Notary Public
My commission expires: ______

------------------------------------------
Don't forget to provide a certificate of service to the court when you file the above, showing that you mailed this response to opposing counsel.  

That should fry their beans a bit. Don't know if it will work, but if it does, it will probably mean that you will win the motion without a hearing. So, it's worth a shot.



socrateaser

>1. First question would be are the recordings illegal?

I'd need to verify the laws of the jurisdictions, and the law of evidence related to the tapes being admissible in court. I don't really think that you need any recording of the other parent for this hearing. So, just keep them to yourself until it's really necessary to make a recording.

>2. What would you recommend regarding these recordings if they
>are not?

At the moment, the only person worth recording is the child, so that the court can assess his level of maturity. But, it's probably not worth the hassel to try to get the tapes heard. Your only real issue is whether the kid's mature enough to make the trip alone. For that you need merely suggest that the court order the child evaluated by a therapist. The court will either order a one session eval and a report, or it will rule one way or the other.

Imom

I am pretty sure this is not what your talking about.....but just wanted to mention I did talk to ss therapist about this issue (therapist sees ss (during the school months) and my three bio once a month) and he stated ss is mature enough and old enough....

He talked to me about the services the airlines offer, etc. Which we alrady have looked into.

We will just keep these on hand just for now. Thanks

Imom

certificate of service,


I have read over some old court documents of ours and a friends and here is what they all state.


                              CERTIFICATE OF SERVICE

I hearby certify that a true and accurate copy of the forgoing document has been served by the depositing the same in the United States Mail, First Class, postage pre-paid, this _____ day of xxxx, xxxx:


                                                NAMES OF THE PERSON (S) SERVED


                                                    SIGNED BY THE "ATTORNEY"

1. Would this be what you are talking about?



                                                           


socrateaser

>certificate of service,
>
>
>I have read over some old court documents of ours and a
>friends and here is what they all state.
>
>
>                              CERTIFICATE OF SERVICE
>
>I hearby certify that a true and accurate copy of the forgoing
>document has been served by the depositing the same in the
>United States Mail, First Class, postage pre-paid, this _____
>day of xxxx, xxxx:
>
>
>                                                NAMES OF THE
>PERSON (S) SERVED
>
>
>                                                    SIGNED BY
>THE "ATTORNEY"
>
>1. Would this be what you are talking about?              

Yes, but you, or some other non-party must sign the cert and it and the rest of the response must be filed with the court. A copy of the response and the cert should be served on the other attorney. You must mail the copy and cert on the attorney BEFORE you file the originals with the court. Also, the cert signator must add their address.

The court already knows how to find the attorney, but the court won't know anything about a third party.

Imom



When you say

>but you, or some other non-party must sign the cert .

>You must mail the copy and cert on the attorney BEFORE you file the originals with the court. ( I was coming back to ask about this....) because......

Every CERTIFICATE OF SERVICE I have seen (dh has gotten or my friend) all are dated 1 day prior to the filing of a motion; however neither my dh or my friend were "sereved" they were only served after the motion was filed/stamped.

ie: they both have only ever received a copy of a motion/response from the opposing attorney after it was filed/stamped however the CERTIFICATE OF SERVICE stated they were served the day before; again though neither my dh or my friend have ever received anything unfiled/unstamped.




1. Does this mean dh must sign it? Or a totally third party....

2. If you mean a third party would I count (we are married so not for sure if it would be better to have someone else do so)?

3. Is he to serve this before its stamped by the courts?



socrateaser

>Every CERTIFICATE OF SERVICE I have seen (dh has gotten or my
>friend) all are dated 1 day prior to the filing of a motion;
>however neither my dh or my friend were "sereved" they were
>only served after the motion was filed/stamped.

not for an ordinary motion, just for an order to show cause and for the original petition/complaint. an ordinary motion needs to be served first, then filed, although if you need a court date and time in advance for a notice of motion, then you need to get that before you serve.

>
>ie: they both have only ever received a copy of a
>motion/response from the opposing attorney after it was
>filed/stamped however the CERTIFICATE OF SERVICE stated they
>were served the day before; again though neither my dh or my
>friend have ever received anything unfiled/unstamped.

Well, if you do that, then you are effectively making a material falsification to the court, but if that's how they do it in your neck of the woods then be my guest. You could file the motion first, then serve, then file the cert, or you could do as is apparently the custom in your parts -- and lie (bizzare).

>1. Does this mean dh must sign it? Or a totally third
>party....

third party.

>
>2. If you mean a third party would I count (we are married so
>not for sure if it would be better to have someone else do
>so)?

any non party to the case may sign, so if you're not named in the caption of the case In re: matter of A and B (and you're not A or B), then you can sign.
>
>3. Is he to serve this before its stamped by the courts?

If it's an ordinary motion you can do this. If it's an Order to show cause, then you need the judge's order, which means it will be stamped in advance of service.

Imom


Imom

I havd had dh look up and print maps...from our home to bm's; from bm's to airport; from ours to airport. itineraries for up coming visits, unaccompanied mionr policies from a few airlines.

Bm's concerns are that of ss fling alone, "they" (airlines) don't watch the children as they say and children are coming up "missing" . IE the layover.

There are no direct flights from bm's to our airport.

I have done some research on the net about kids flying alone. I have come across some information about kids being flown to the wrong destinations "not missing" all 1998-August 2001. Before 9/11. But we think dh needs to be prepared as we believe bm/her attorney will bring some of these issues up.

Also Lets just say with the response filed (By the way dh loved) bm figures she will or is told to take ss to a therapsit/doctor to say he can NOT fly. With this being long distance we can not see them testifying; only bm stating they said this or that......or a letter sent  to the court from this therapist/doctor.

I know you can not read tea leaves......and its hard to say if they say this then you say this or if they say that then you say this....but if we could get dh started it would help him to figure out what to say next....

I have a few questions to start because we beleive for the most part they will be addressing the court.  Its part of a second set so it will be like 20-30mins.

1. What types of questions should dh ask bm ( should he just stick to questions like would you be willing to transport our child to the airport and place him on the plane)?

2. What should dh say if anything when/if bm states

     A) "she" does not feel comfortable with ss flying alone?

     B) the airlines do not watch children as they say they do?

3. What should dh say if anything if it is bm's attorney saying 2A (not that he feels uncomfortable but that bm does) and/or 2B

4. How should dh handle a situation if they enter such information like I came across about the children being flown to the wrong destinations?

5. What should dh say if anything when/if bm states the threapist/doctor xxxxx; states ss can not fly alone he is not mature enough?

    A) What should dh say if this therapist/doctor sends a letter/statement stating ss can not fly alone because he is not mature enough?

    B) On the off chance she does get a therapist/doctor to testify and he/she stated that ss can not fly alone because he is not mature enough....how should dh handle this.



socrateaser

>1. What types of questions should dh ask bm ( should he just
>stick to questions like would you be willing to transport our
>child to the airport and place him on the plane)?

If neither party asked the court for an opportunity to take testimony, then the entire hearing will be presented using the pleadings and evidence submitted in writing, and oral argument presented at the hearing. So, you may not get an opportunity to ask her any questions. I can't tell, cause I haven't read the pleadings.

>2. What should dh say if anything when/if bm states
>
>     A) "she" does not feel comfortable with ss flying alone?

Why not?

>
>     B) the airlines do not watch children as they say they
>do?

This is an objectionable conclusion. If either you or her attorney ask the mother "why not," as above, then you should immediately say, "Objection your honor, improper opinion. Move to strike."

A person can't just state that something is true without any supporting facts and expect the court to entertain the statement. If your ex is a flight attendant, then she may have expert knowledge as to the failure of the unaccompanied minor air transport system. Otherwise, she needs to hire an expert to testify to a claim as to what the airlines do or do not do.

So, you object and move to strike the testimony.

>3. What should dh say if anything if it is bm's attorney
>saying 2A (not that he feels uncomfortable but that bm does)
>and/or 2B

Your honor, opposing counsel is stating an improper opinion, unless he/she is an expert on airline transport procedure. Move to strike.

>
>4. How should dh handle a situation if they enter such
>information like I came across about the children being flown
>to the wrong destinations?

Objection, insufficient foundation -- hearsay.

>
>5. What should dh say if anything when/if bm states the
>threapist/doctor xxxxx; states ss can not fly alone he is not
>mature enough?

Objection, hearsay.
>
>    A) What should dh say if this therapist/doctor sends a
>letter/statement stating ss can not fly alone because he is
>not mature enough?

Objection, insufficient foundation -- hearsay.

>    B) On the off chance she does get a therapist/doctor to
>testify and he/she stated that ss can not fly alone because he
>is not mature enough....how should dh handle this.

There is no "off chance." If such a witness is contemplated, then the other attorney must inform you, otherwise you can ask for a continuance so as to prepare to meet the witness' testimony, or in the alternative to prevent said testimony. There should be a return of service in the court file for every witness who is to be called as part of the other party's case, unless the witness is called to impeach some testimony or evidence admitted by you during your case.

However, you have raised the issue of whether or not there are any direct flights. This is, in my opinion, a reasonable concern. You need to get documentary evidence of your proposed airline's actual procedure to be followed in the event that the child's flight connection cannot be made, and how the airline will transfer the child between flights, if this is the required process (vs. merely a nonstop flight where the child remains on board the same plane during a intervening stop).

You should ask the court to take "judicial notice" of the policies contained in these official airline documents. They are ordinarily hearsay, but unlike some anecdotal report of a child not arriving at a destination,"The airline policy is a statement of policy from the airline itself, as to its method of ensuring the safety of an unaccompanied minor passenger, and as such, it is not subject to reasonable dispute and is easily verifiable."

The quoted words are the words you should use in your request for judicial notice of the airline policy.

This really isn't a difficult case if you present adequate evidence. The issue is (1) is it generally safe for any child of comparable age and maturity to fly under the proposed conditions, and (2) is there any reason why this particular child should be restrained from flying? The answer to #1 is a pretty easy no if you have the airline policy available for the court to consider. The answer to #2 is debatable, but unless this child has some history of panic or psychological/physical disorder, or unless an expert testifies as to some concrete reason why the child shouldn't fly, then there's no reason why not to allow the flight.

Frankly, this whole thing is a bit bizarre. I have confronted the issue of no nonstop flights before, however, the solution is to pay the unaccompanied minor fee so that the airline will take responsibility. The mother's attorney seems to be making an unreasonable objection, based on your posted facts. But, maybe there's something else that I'm unaware of.

Imom

Thank you.

These questions are what if's.

BM's concerns that I have stated are ones she stated directly to dh.

In her motion to appear by telephone it states;

MOTION TO ALLOW XXXXXXX XXXXX XXXX TO APEAR BY TELEPHONE

xxxxxxx xxxxx xxxx, by her attorney xxxxx xxxxxxx, request the Court allow xxxxxxx xxxxx xxxx to appear by telephone for the hearing scheduled for August 11, 2005 at 11:00 o'clock, which is to consder whether the divorce decree herein should be modified, at the request of xxxx xxxxx xxxxx, xx. for the 9-year-old son of the party to return to xxxxxxxxx alone by airplane, rather than automobile with father.

       In support of the motion, xxxxxxx xxxxx xxxx presents to the Court that she lives in xxxx, xxxxxxxxxxx, 596 miles away, and does not have the financial means to travel to xxxxxxxxx, xxxxxxx for the hearing.
     
      Wherefore, xxxxxxx xxxxx xxxx request that the hearing be held in the Judge's chambers and she be allowed to participate by telephone.

So, with that she rasied the issue of ss's age and flying alone. So we are assuming this is what they will be bringing up plus we are sure they will bring up the concerns with layovers.  

Imom

I can not post to many details becase I can not stay away from the "third" party issue.

Court did not go well at all.....the judge did not make a ruling yet as there is no emergency at this time....(he has 90 days)....he stated he wanted to research some things on his own.

In a nut shell I beleive he is going to order to meet halfway which still requires the same amount of driving and fuel expense.....he did not seem to keen on the flying either.

(BTW he did deny the petitioner's request to appear by phone......because he does not have access???......bm did show up, but her attorney did not....the judge was shocked he did not and she did....)

socrateaser

>I can not post to many details becase I can not stay away
>from the "third" party issue.
>
>Court did not go well at all.....the judge did not make a
>ruling yet as there is no emergency at this time....(he has 90
>days)....he stated he wanted to research some things on his
>own.
>
>In a nut shell I beleive he is going to order to meet halfway
>which still requires the same amount of driving and fuel
>expense.....he did not seem to keen on the flying either.
>
>(BTW he did deny the petitioner's request to appear by
>phone......because he does not have access???......bm did show
>up, but her attorney did not....the judge was shocked he did
>not and she did....)

Thanks. I believe that you are underestimating the judge, based on your post. The way that I read it, I think you're gonna win, and the fact that the attorney didn't show is a BIIIIIG deal to the court.

So keep yer fingers crossed.