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Main Forums => Custody Issues => Topic started by: fathers4custody on Jan 07, 2004, 02:21:01 AM

Title: I SHOULD BE FILLING WHAT? OSC? EX-PARTE? CONTEMP??
Post by: fathers4custody on Jan 07, 2004, 02:21:01 AM
I'm going to list the Minute Orders from most recent to the last actual Order that was executed.  What I need to know is what I should be filling, since she is not letting me see her or talk with her since 10/30/03.  
Note:  The last order did not specify the times we would share.  But did state that we have JOINT CUSTODY.

01-06-03            NO APPEARANCES BY EITHER PARTY >     OFF CALANDAR

01-03-02            WE WERE BOTH TO BE AT MEDITATION,  BOTH NO SHOW
                                        (not a minute order)

11-18-02            BOTH PARTIES PRESENT >      REFFERED TO MEDIATION

12-10-01             "PARENTS WILL HAVE JOINT CUSTODY"

ON 10-11-02,  "APPLICATION AND ORDER FOR REISSUANCE OF ORDER TO SHOW CAUSE" SHE FILLED, THAT STATES:

              *THE ORDER TO SHOW CAUSE AND THIS ORDER EXPIRES ON THE DATE AND TIME OF THE HEARING SHOWN IN THE BOX ABOVE UNLESS EXTENDED BY THE COURT*        (THE DATE MENTIONED IS 11-18-02, WHICH WE WERE BOTH PRESENT, REFFERD TO MEDIATION.

   WHAT ORDER IS IN EFFECT NOW?   I BELIVE IT IS THE ONE FROM 12-10-01.
      IN SHORT WHAT I WANT FROM THE COURTS IS FOR THEM TO ENCFORCE THE ORDER THAT STANDS, AND TO MAKE A SPECIFIC TIME CHART RELATING TO ' WHO HAS WHAT & WHEN', SINCE WE ARE UNABLE TO DO THIS OURSELVES.  SHE IS IN A YEAR ROUND SCHOOL.  SHE GOES TO SCHOOL SAY, 10-12 WEEKS STRAIGHT, OFF 4-6 WEEKS, THEN ON, SO ON AND SO FORTH.  WE LIVE ABOUT 85 MILES APART.  I WOULD LIKE HER TO STAY WITH ME ON HER OFF WEEKS,  ATLEAST TWO WEEKENEDS A MONTH, AND ATLEAST EVERY WED OR THURSDAY I GET HER FROM AFTER SCHOOL TO SAY 6:30.
      SHE IS 9. AND IN 4TH GRADE.
I TRIED NOT TO WRITE TO MUCH, SO NOT TO OVERWELM (spelled wrong?).  ANY HELP WOULD BE GREAT!!1
THANKS-----
   ***THIS ISSUE IS IN 'SAN BERNARDINO COUNTY,  CALIFORNIA***
Title: RE: I SHOULD BE FILLING WHAT? OSC? EX-PARTE? CONTEMP??
Post by: mudbunnies on Jan 07, 2004, 04:14:39 AM
well when in doubt, i file a Motion for Clarification, asking the court to clarify what is standing and what is not...

if this were my situation i would file a Motion for Clarification and Motion to Determine Specific Parenting/Visitation Time, listing out your concerns which need to be claried and a request to specify visitation/parenting time.

Get it filed fast, send her a copy certified mail or whatever, get it set for a hearing, i would think you would be covering your bases and getting a step closer to regular visits.

Make sure you get a school calendar and a proposed parenting time schedule ready prior to the hearing.. make it easy on the judge
Title: I SHOULD BE FILLING WHAT? OSC? EX-PARTE? CONTEMP??
Post by: fathers4custody on Jan 07, 2004, 02:21:01 AM
I'm going to list the Minute Orders from most recent to the last actual Order that was executed.  What I need to know is what I should be filling, since she is not letting me see her or talk with her since 10/30/03.  
Note:  The last order did not specify the times we would share.  But did state that we have JOINT CUSTODY.

01-06-03            NO APPEARANCES BY EITHER PARTY >     OFF CALANDAR

01-03-02            WE WERE BOTH TO BE AT MEDITATION,  BOTH NO SHOW
                                        (not a minute order)

11-18-02            BOTH PARTIES PRESENT >      REFFERED TO MEDIATION

12-10-01             "PARENTS WILL HAVE JOINT CUSTODY"

ON 10-11-02,  "APPLICATION AND ORDER FOR REISSUANCE OF ORDER TO SHOW CAUSE" SHE FILLED, THAT STATES:

              *THE ORDER TO SHOW CAUSE AND THIS ORDER EXPIRES ON THE DATE AND TIME OF THE HEARING SHOWN IN THE BOX ABOVE UNLESS EXTENDED BY THE COURT*        (THE DATE MENTIONED IS 11-18-02, WHICH WE WERE BOTH PRESENT, REFFERD TO MEDIATION.

   WHAT ORDER IS IN EFFECT NOW?   I BELIVE IT IS THE ONE FROM 12-10-01.
      IN SHORT WHAT I WANT FROM THE COURTS IS FOR THEM TO ENCFORCE THE ORDER THAT STANDS, AND TO MAKE A SPECIFIC TIME CHART RELATING TO ' WHO HAS WHAT & WHEN', SINCE WE ARE UNABLE TO DO THIS OURSELVES.  SHE IS IN A YEAR ROUND SCHOOL.  SHE GOES TO SCHOOL SAY, 10-12 WEEKS STRAIGHT, OFF 4-6 WEEKS, THEN ON, SO ON AND SO FORTH.  WE LIVE ABOUT 85 MILES APART.  I WOULD LIKE HER TO STAY WITH ME ON HER OFF WEEKS,  ATLEAST TWO WEEKENEDS A MONTH, AND ATLEAST EVERY WED OR THURSDAY I GET HER FROM AFTER SCHOOL TO SAY 6:30.
      SHE IS 9. AND IN 4TH GRADE.
I TRIED NOT TO WRITE TO MUCH, SO NOT TO OVERWELM (spelled wrong?).  ANY HELP WOULD BE GREAT!!1
THANKS-----
   ***THIS ISSUE IS IN 'SAN BERNARDINO COUNTY,  CALIFORNIA***
Title: RE: I SHOULD BE FILLING WHAT? OSC? EX-PARTE? CONTEMP??
Post by: mudbunnies on Jan 07, 2004, 04:14:39 AM
well when in doubt, i file a Motion for Clarification, asking the court to clarify what is standing and what is not...

if this were my situation i would file a Motion for Clarification and Motion to Determine Specific Parenting/Visitation Time, listing out your concerns which need to be claried and a request to specify visitation/parenting time.

Get it filed fast, send her a copy certified mail or whatever, get it set for a hearing, i would think you would be covering your bases and getting a step closer to regular visits.

Make sure you get a school calendar and a proposed parenting time schedule ready prior to the hearing.. make it easy on the judge