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Author Topic: BM filed show cause  (Read 861 times)

dipper

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BM filed show cause
« on: Aug 09, 2006, 02:44:51 PM »
Soc,

We go to court Friday for a show cause against bm and other filings by me.

BM has been given 43 days of visitation this summer.  We are in disagreement as to whether she gets two weeks per month only or a third weekend.  I picked up son Sunday against her wishes as I need to get him ready for school and he wanted to come home and spend time with friends and family before school started.

Monday she received a letter from me stating that if the judge rules in her favor, she will get the next three weekends to complete her time.  

She called that night and asked if she could take him home the next day, and I told her no.  She said, "So you are refusing me my visitation rights?"

She filed yesterday a show cause citing that I have denied her full visitation for the summer.  They delivered her summons today to be heard Friday when I go anyway.  This gives me no time to find counsel if I feel the need to.

Soc, the order says two weeks each during the months of June, July, and August.

According to what I understand, I am not in contempt as I have until August 31st to complete visitation.

All of this has been detailed to her in my last letter - outlining the weekends she can have this MONTH if more time is needed.

Soc, are there any majic words I can use to express that she has wrongly filed against me as the month of August is not over?



how about the fact that I sent her a letter detailing she could have more time if the judge says she gets third weekends, and yet she filed anyway?



Can I bring up the fact that last summer in a 10 week period, I only had 47 days of visitaiton - and she has had 43 days in a 7 week period?



How can I use this to show the 'get him' mentality or hostility she portrays (she stole my time but is running to file against me over maybe 2 days without allowing me the time to give it to her)?




socrateaser

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RE: BM filed show cause
« Reply #1 on: Aug 09, 2006, 03:55:48 PM »
>Soc, are there any majic words I can use to express that she
>has wrongly filed against me as the month of August is not
>over?

No. Just tell the court what your understanding of your legal duties under the current orders are, and that you have already offered Ms. X sufficient parenting time within the remaining summer vacation period to satisfy that obligation, and therefore, the show cause should be dismissed.

>how about the fact that I sent her a letter detailing she
>could have more time if the judge says she gets third
>weekends, and yet she filed anyway?

See above.

>Can I bring up the fact that last summer in a 10 week period,
>I only had 47 days of visitaiton - and she has had 43 days in
>a 7 week period?

Sure. However, what matters is that you do what the order reasonably requires. That's how you should approach it in court. EX: "I don't really understand what Ms. X is complaining about, because she is being permitted liberal time with the child. To date, since summer vacation begain, Ms. X has exercised 43 days of visitation in a seven week period."

>How can I use this to show the 'get him' mentality or
>hostility she portrays (she stole my time but is running to
>file against me over maybe 2 days without allowing me the time
>to give it to her)?

See above, but don't get cocky or you'll get slammed. Your interests are the child -- nothing else.

 

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