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Author Topic: Will I be in contempt?  (Read 981 times)

rltfox

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Will I be in contempt?
« on: Jul 26, 2006, 12:23:23 PM »
Dear Soc,

Case is in WA. Parenting plan states "NCP shall get a five week block in the summer with the CP receiving visitation every other weekend during block."

Child is currently with NCP for 5 week block, but is at summer camp this week. The camp releases at 12 pm on Saturday. This weekend is CP's weekend.

CP was notified back in May & June there was a conflict in the schedule & was offered alternate arrangements, but CP refused. CP continues to refuse & wants NCP to pull child out of camp early.

PP also states "Each parent shall notify the other parent at least 48 hours in advance if he/she is unable to exercise the regular schedule."

In 11 years, I have NEVER not shown up or brought child back late. But CP has a long history of not showing up or giving notice. I am not doing this to be difficult, but think it is important for child to finish camp & he said he does not want to leave early.

I called CP today & reminded her that I would not be there & again tried to make alternate arrangements. I am also sending a certified letter to her & the court for further documentation.

1. Can I be found in contempt?

2. Can I envoke the 48 hour clause, as long as I am providing for make-up visitation?

3. Anything else you can think of to cover my ass?

Thanks for your help!


socrateaser

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RE: Will I be in contempt?
« Reply #1 on: Jul 26, 2006, 08:09:18 PM »
>1. Can I be found in contempt?

Yes, because you have set up camp in a manner that interferes with the other parent's rightful exercise of custody.

>
>2. Can I envoke the 48 hour clause, as long as I am providing
>for make-up visitation?

The "clause" is intended to be exercised by the parent who cannot exercise custody, not the parent who cannot relinquish. As such, it is inapplicable to your facts.

>
>3. Anything else you can think of to cover my ass?

I see nothing in your posted orders that permits you to negotiate make up time or alternative arrangements with the other parent. Your only legitimate excuse for a contempt would be that you attempted to pick up the child and the child threw such a fit that you believed that the child would be placed in extreme distress if you were to force him/her to end camp early, so you refrained from doing so, due to the exigent circumstances.

The counterargument is that you knew in advance that camp would interfere with the other parent's exercise and that suggests that you fully intended the interference.

I haven't read your entire orders verbatum, but based on what you've posted, the only way to avoid the possibility of a contempt, is to transfer the child according to the orders.

 

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