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Author Topic: Summer Vacation Saga  (Read 1590 times)

TPK

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Summer Vacation Saga
« on: Jun 19, 2006, 07:01:02 AM »
Hi Soc,

A little background first.

Divorce settlement in court Oct 2005. Order was to be submitted by OC. OC did not submit one til March 2006. While waiting for OC to submit, my attorney submitted one. Turns out, OC submitted same week as my attorney. Judge has 2 to pick from, still no signed orders as of today.

Summer vacation

I have 3 weeks summer vacation with child as agreed upon in court Oct 2005.

My attorney told me that standard EOW was suspended during summer months. He said that it was normally suspended as I could craft my summer schedule to get child almost every weekend which wouldn't be fair to CP.

I submitted to my Ex in March the 3 weeks I wanted. I stated in a letter that I was told EOW was suspended.

She wrote back altering the weekends a little, and insisted some of the weeks I picked would fall during her weekend times. In her letter she also insisted we do this thru counsel which I thought was unneeded and so did my attorney.

A month ago I resubmitted my summer weeks to fall on my EOW schedule. I tried to hand Ex the letter at a dropoff point for visitation but she wouldn't take it and told me to contact her attorney.

I then mailed that letter to her with a CS payment. I photcopied the letter and CS check together to ensure she couldn't say she didn't get it.

My first summer week will be July 7th-14th. It's approaching quickly.

The agreement in court was that I had to give 30 days notice which I did.

1. What kind of trouble can she cause if I tell her that child will be with me for a week when I pick her up for the 1st summer week?


2. Can she deny the week?


3. Being that no order is signed yet by judge how should I go about taking child for the 1st week?..how to enforce??


4. What should I do if she contacts the police when child isn't returned?


This is all precautionary right now, but I can sense trouble coming.

Thanks

TPK



socrateaser

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RE: Summer Vacation Saga
« Reply #1 on: Jun 19, 2006, 08:40:53 AM »
>1. What kind of trouble can she cause if I tell her that child
>will be with me for a week when I pick her up for the 1st
>summer week?

If you mean that you didn't provide 30 days notice, then the other parent can refuse to transfer the child.

Otherwise, if you provided 30 days notice as required, then you can't be found in contempt.

You're facts are confusing.

>
>
>2. Can she deny the week?

See above.

>3. Being that no order is signed yet by judge how should I go
>about taking child for the 1st week?..how to enforce??

Fact is you can't enforce, and if you are denied then that would be grounds to seek an ex parte hearing to have the court order the stipulated settlement immediately, so that you can enforce.

>4. What should I do if she contacts the police when child
>isn't returned?

If the stipulated order isn't entered, then you are stuck with whatever orders are currently in force. If you are not following them, then the police can take the child from you, and you will be in contempt.

However, if you're in a different state than your ex, a temporary order will be nearly impossible to enforce, because it cannot be registered in the other state jurisdiction. Nevertheless, my advice is to have your attorney move for a hearing to have the judgment entered now.

>This is all precautionary right now, but I can sense trouble
>coming.

You have good senses. There is no excuse for judges to refuse to sign final orders/judgments just because they're busy. Same with attorneys. These situations are bad for the legal system and the parties.

TPK

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RE: Summer Vacation Saga
« Reply #2 on: Jun 19, 2006, 09:04:06 AM »
>>1. What kind of trouble can she cause if I tell her that
>child
>>will be with me for a week when I pick her up for the 1st
>>summer week?
>
>If you mean that you didn't provide 30 days notice, then the
>other parent can refuse to transfer the child.
>
>Otherwise, if you provided 30 days notice as required, then
>you can't be found in contempt.
>
>You're facts are confusing.

I did provide notice within 30 days by mail.



>>4. What should I do if she contacts the police when child
>>isn't returned?
>
>If the stipulated order isn't entered, then you are stuck with
>whatever orders are currently in force. If you are not
>following them, then the police can take the child from you,
>and you will be in contempt.



There is no "current order" in place as to the summer vacation, only what was verbally agreed to in court in Oct 2005. Both parties signed the agreement in Oct 2005 and I'm still waiting for the order to be signed by the judge.



>
>However, if you're in a different state than your ex, a
>temporary order will be nearly impossible to enforce, because
>it cannot be registered in the other state jurisdiction.
>Nevertheless, my advice is to have your attorney move for a
>hearing to have the judgment entered now.


I am in another state. I'm in PA, ex is in NY.


1. If no order is in place, am I correct to assume that she would have nothing to show police/sheriff that could have them take action and have child returned??


2. Should Phil Mickelson have hit a long iron off the tee on the 18th yesterday instead of using driver and hitting the hospitality tent??


Thanks

TPK

socrateaser

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RE: Summer Vacation Saga
« Reply #3 on: Jun 19, 2006, 09:31:02 AM »
>>>1. What kind of trouble can she cause if I tell her that
>>child
>>>will be with me for a week when I pick her up for the 1st
>>>summer week?
>>
>>If you mean that you didn't provide 30 days notice, then the
>>other parent can refuse to transfer the child.
>>
>>Otherwise, if you provided 30 days notice as required, then
>>you can't be found in contempt.
>>
>>You're facts are confusing.
>
>I did provide notice within 30 days by mail.
>
>
>
>>>4. What should I do if she contacts the police when child
>>>isn't returned?
>>
>>If the stipulated order isn't entered, then you are stuck
>with
>>whatever orders are currently in force. If you are not
>>following them, then the police can take the child from you,
>>and you will be in contempt.
>
>
>
>There is no "current order" in place as to the summer
>vacation, only what was verbally agreed to in court in Oct
>2005. Both parties signed the agreement in Oct 2005 and I'm
>still waiting for the order to be signed by the judge.
>
>
>
>>
>>However, if you're in a different state than your ex, a
>>temporary order will be nearly impossible to enforce,
>because
>>it cannot be registered in the other state jurisdiction.
>>Nevertheless, my advice is to have your attorney move for a
>>hearing to have the judgment entered now.
>
>
>I am in another state. I'm in PA, ex is in NY.
>
>
>1. If no order is in place, am I correct to assume that she
>would have nothing to show police/sheriff that could have them
>take action and have child returned??

Legally correct, but I would check with your local sheriff's office to see whether or not they will enforce an unregistered (undomesticated) temporary order from a different jurisdiction.

>2. Should Phil Mickelson have hit a long iron off the tee on
>the 18th yesterday instead of using driver and hitting the
>hospitality tent??

He should have hit the ball right handed.

 

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