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Author Topic: Notification  (Read 2234 times)

rltfox

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Notification
« on: Apr 19, 2006, 02:02:59 PM »
Dear Socrateaser,

Case is in Washington state. CP lives 2-1/2 hours away & we meet in between for exchange. On 2/5/06 CP moved out of mom's house & in with BF. Despite repeated requests CP has not provided current address & phone number. There is no reason for CP to refuse other than to control & interfere.

Most recently I sent a request to her previous address (mom's) via certified, return receipt & first class mail. The certified was unclaimed.

PP states I am to notify CP in writing of my summer vacation dates by May 1st.

Actual PP Language:

"Each parent shall notify the other of all changes in address and telephone numbers."

"NCP shall notify CP by May 1 of summer vacation schedule. This will be done by written letter from NCP. CP will sign and return a copy of the letter to NCP."

Questions:
1. Is there any way, through court or otherwise, to enforce the address notification?
2. Can I hand deliver letter with vacation dates to CP at exchange?
3. If so, is there anything I need to do to document or provide evidence that this was actually done?
4. If CP refuses to accept letter am I allowed to send a certified letter to her work (a public school)?

Thank you.


socrateaser

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RE: Notification
« Reply #1 on: Apr 19, 2006, 03:29:16 PM »
>Questions:
>1. Is there any way, through court or otherwise, to enforce
>the address notification?

If you kept the unclaimed mail unopened, and the mail was addressed to the previously disclosed legal contact address, then the combined facts should give you sufficient evidence to file a motion for enforcement or even for contempt, where you could get sanctions for the refusal to provide current address info.

>2. Can I hand deliver letter with vacation dates to CP at
>exchange?

Yes, but it would be good to have a witness, or you can carry a tape recorder and tell her she's being recorded before you tell her that your giving her notice by hand because she's failed to provide you with any contact info as required by the court orders. Then if she admits it on tape, you can use the admission as proof of contempt, and have her sanctioned (i.e., money or community service).

>3. If so, is there anything I need to do to document or
>provide evidence that this was actually done?

See above.

>4. If CP refuses to accept letter am I allowed to send a
>certified letter to her work (a public school)?

Generally, if you cannot reach the other party at the legal address, then you can file the notice of your plans in the court file and that will provide constructive notice.

rltfox

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RE: Notification
« Reply #2 on: Apr 19, 2006, 03:59:08 PM »
Just a couple more questions. Thanks.

>>1. Is there any way, through court or otherwise, to enforce
>>the address notification?
>
>If you kept the unclaimed mail unopened, and the mail was
>addressed to the previously disclosed legal contact address,
>then the combined facts should give you sufficient evidence to
>file a motion for enforcement or even for contempt, where you
>could get sanctions for the refusal to provide current address
>info.

All returned, unopened mail has been kept. Is this something I would have to hire an attorney for? Or can I do it myself? If so how do I go about it?

>>2. Can I hand deliver letter with vacation dates to CP at
>>exchange?
>
>Yes, but it would be good to have a witness, or you can carry
>a tape recorder and tell her she's being recorded before you
>tell her that your giving her notice by hand because she's
>failed to provide you with any contact info as required by the
>court orders. Then if she admits it on tape, you can use the
>admission as proof of contempt, and have her sanctioned (i.e.,
>money or community service).

Would my wife suffice as witness?

>>4. If CP refuses to accept letter am I allowed to send a
>>certified letter to her work (a public school)?
>
>Generally, if you cannot reach the other party at the legal
>address, then you can file the notice of your plans in the
>court file and that will provide constructive notice.

Would I only send the notice to the court or to her previous address as well?

socrateaser

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RE: Notification
« Reply #3 on: Apr 20, 2006, 07:31:42 AM »
>Just a couple more questions. Thanks.
>
>>>1. Is there any way, through court or otherwise, to enforce
>>>the address notification?
>>
>>If you kept the unclaimed mail unopened, and the mail was
>>addressed to the previously disclosed legal contact address,
>>then the combined facts should give you sufficient evidence
>to
>>file a motion for enforcement or even for contempt, where
>you
>>could get sanctions for the refusal to provide current
>address
>>info.
>
>All returned, unopened mail has been kept. Is this something I
>would have to hire an attorney for? Or can I do it myself? If
>so how do I go about it?

You're entitled to represent yourself. Usually, when a person asks me if they can do it themselves, that means that they probably don't have sufficient experience with the legal system to actually succeed.

>>>2. Can I hand deliver letter with vacation dates to CP at
>>>exchange?
>>
>>Yes, but it would be good to have a witness, or you can
>carry
>>a tape recorder and tell her she's being recorded before you
>>tell her that your giving her notice by hand because she's
>>failed to provide you with any contact info as required by
>the
>>court orders. Then if she admits it on tape, you can use the
>>admission as proof of contempt, and have her sanctioned
>(i.e.,
>>money or community service).
>
>Would my wife suffice as witness?

If you were the judge, would you believe a parties' spouse (unless the spouse was the opposing party)?

Have your wife video you handing the papers.

>
>>>4. If CP refuses to accept letter am I allowed to send a
>>>certified letter to her work (a public school)?
>>
>>Generally, if you cannot reach the other party at the legal
>>address, then you can file the notice of your plans in the
>>court file and that will provide constructive notice.
>
>Would I only send the notice to the court or to her previous
>address as well?

You can send regular mail to the previous address. That would be constructive notice. You can also use delivery confirmation to prove that the mail was delivered to the address. The other party has the burden of showing why constructive notice should not be treated as effective.

rltfox

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Notification
« Reply #4 on: Apr 19, 2006, 02:02:59 PM »
Dear Socrateaser,

Case is in Washington state. CP lives 2-1/2 hours away & we meet in between for exchange. On 2/5/06 CP moved out of mom's house & in with BF. Despite repeated requests CP has not provided current address & phone number. There is no reason for CP to refuse other than to control & interfere.

Most recently I sent a request to her previous address (mom's) via certified, return receipt & first class mail. The certified was unclaimed.

PP states I am to notify CP in writing of my summer vacation dates by May 1st.

Actual PP Language:

"Each parent shall notify the other of all changes in address and telephone numbers."

"NCP shall notify CP by May 1 of summer vacation schedule. This will be done by written letter from NCP. CP will sign and return a copy of the letter to NCP."

Questions:
1. Is there any way, through court or otherwise, to enforce the address notification?
2. Can I hand deliver letter with vacation dates to CP at exchange?
3. If so, is there anything I need to do to document or provide evidence that this was actually done?
4. If CP refuses to accept letter am I allowed to send a certified letter to her work (a public school)?

Thank you.


socrateaser

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RE: Notification
« Reply #5 on: Apr 19, 2006, 03:29:16 PM »
>Questions:
>1. Is there any way, through court or otherwise, to enforce
>the address notification?

If you kept the unclaimed mail unopened, and the mail was addressed to the previously disclosed legal contact address, then the combined facts should give you sufficient evidence to file a motion for enforcement or even for contempt, where you could get sanctions for the refusal to provide current address info.

>2. Can I hand deliver letter with vacation dates to CP at
>exchange?

Yes, but it would be good to have a witness, or you can carry a tape recorder and tell her she's being recorded before you tell her that your giving her notice by hand because she's failed to provide you with any contact info as required by the court orders. Then if she admits it on tape, you can use the admission as proof of contempt, and have her sanctioned (i.e., money or community service).

>3. If so, is there anything I need to do to document or
>provide evidence that this was actually done?

See above.

>4. If CP refuses to accept letter am I allowed to send a
>certified letter to her work (a public school)?

Generally, if you cannot reach the other party at the legal address, then you can file the notice of your plans in the court file and that will provide constructive notice.

rltfox

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RE: Notification
« Reply #6 on: Apr 19, 2006, 03:59:08 PM »
Just a couple more questions. Thanks.

>>1. Is there any way, through court or otherwise, to enforce
>>the address notification?
>
>If you kept the unclaimed mail unopened, and the mail was
>addressed to the previously disclosed legal contact address,
>then the combined facts should give you sufficient evidence to
>file a motion for enforcement or even for contempt, where you
>could get sanctions for the refusal to provide current address
>info.

All returned, unopened mail has been kept. Is this something I would have to hire an attorney for? Or can I do it myself? If so how do I go about it?

>>2. Can I hand deliver letter with vacation dates to CP at
>>exchange?
>
>Yes, but it would be good to have a witness, or you can carry
>a tape recorder and tell her she's being recorded before you
>tell her that your giving her notice by hand because she's
>failed to provide you with any contact info as required by the
>court orders. Then if she admits it on tape, you can use the
>admission as proof of contempt, and have her sanctioned (i.e.,
>money or community service).

Would my wife suffice as witness?

>>4. If CP refuses to accept letter am I allowed to send a
>>certified letter to her work (a public school)?
>
>Generally, if you cannot reach the other party at the legal
>address, then you can file the notice of your plans in the
>court file and that will provide constructive notice.

Would I only send the notice to the court or to her previous address as well?

socrateaser

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RE: Notification
« Reply #7 on: Apr 20, 2006, 07:31:42 AM »
>Just a couple more questions. Thanks.
>
>>>1. Is there any way, through court or otherwise, to enforce
>>>the address notification?
>>
>>If you kept the unclaimed mail unopened, and the mail was
>>addressed to the previously disclosed legal contact address,
>>then the combined facts should give you sufficient evidence
>to
>>file a motion for enforcement or even for contempt, where
>you
>>could get sanctions for the refusal to provide current
>address
>>info.
>
>All returned, unopened mail has been kept. Is this something I
>would have to hire an attorney for? Or can I do it myself? If
>so how do I go about it?

You're entitled to represent yourself. Usually, when a person asks me if they can do it themselves, that means that they probably don't have sufficient experience with the legal system to actually succeed.

>>>2. Can I hand deliver letter with vacation dates to CP at
>>>exchange?
>>
>>Yes, but it would be good to have a witness, or you can
>carry
>>a tape recorder and tell her she's being recorded before you
>>tell her that your giving her notice by hand because she's
>>failed to provide you with any contact info as required by
>the
>>court orders. Then if she admits it on tape, you can use the
>>admission as proof of contempt, and have her sanctioned
>(i.e.,
>>money or community service).
>
>Would my wife suffice as witness?

If you were the judge, would you believe a parties' spouse (unless the spouse was the opposing party)?

Have your wife video you handing the papers.

>
>>>4. If CP refuses to accept letter am I allowed to send a
>>>certified letter to her work (a public school)?
>>
>>Generally, if you cannot reach the other party at the legal
>>address, then you can file the notice of your plans in the
>>court file and that will provide constructive notice.
>
>Would I only send the notice to the court or to her previous
>address as well?

You can send regular mail to the previous address. That would be constructive notice. You can also use delivery confirmation to prove that the mail was delivered to the address. The other party has the burden of showing why constructive notice should not be treated as effective.

 

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