Good Day,
I could use a little help and advice on the above topic, so here are the details.
My ex-wife wants to take our three children from Kansas, to Canada to visit her mother for two weeks. Her mother has lived in Canada for about 4 years, and only moved there after having marring a Canadian (Relevant? I don�t know).
Here are the specifics:
1. The Parenting Plan states that each parent must provide in
writing, by May 1st, the one uninterrupted week that they wish to spend
with the children during the summer. (Ex-wife has not done this)
2. On April 14, I received a certified letter in the mail summoning me to
court. My ex- wife is taking me to court, asking the court to allow her to
take our children out of the country, on vacation to visit their
grandmother for 11 days. This was the first time
that I have receive any written notice of intent and the dates.
3. I have verbally told my ex-wife, that I would not give my blessing, for
her to take the children out of the country. However, my ex-wife has
not met her court appointed obligation; by first sending me, in writing,
the one week of vacation time.
Secondly, the parenting plan also states that if an agreement can not be
made between
the parties, then both parties shall enter into mediation. If the matter
can not be resolved in mediation, then the issue should be brought forth
to the court. (not done)
4. I would like to go into court and ask that the case be dismissed on the
grounds that my ex-wife has not followed the court appointed procedure
of providing written notice of her intent for vacation time. Also, that by
filing a request with the court, before following the laid out parenting
plan, that she is also in contempt of court. Finally, my ex-wife is asking
for 11 days uninterrupted time in Canada, which actually equates
to me not seeing our children for 16 days in a row.
My question here is, �What are my chances of getting a ruling in my favor (taking into account a fair and impartial judge)?� Is there any advice that any has to offer?
Also note that my ex-wife has no ties to the community here in Kansas. In fact, we are both originally from California and moved to Kansas in 1997 due to my career. My ex-wife and I did not have a healthy marriage, nor do we have a healthy relationship now. I do not trust her and I have no idea if she will come back from Canada or not. I do believe that she will come back; however, if she does not, then it would be yet another time in which she has been able to pull the wool over my eyes. I DO NOT TRUST HER! She can look me in the eyes and I can not tell when she is lying! (9yr relationship, including marriage)
Also my ex-wife (CP) loves to throw the Parenting Plan in my face, every time I ask for a few extra hours with the children. Now she wants an extra week of vacation time in the summer, of which the bulk of my parenting time is scheduled. So yes, I would like to see her eat her own words once in a while. Court date: May 16, 2006
Thank you in advance
I could use a little help and advice on the above topic, so here are the details.
My ex-wife wants to take our three children from Kansas, to Canada to visit her mother for two weeks. Her mother has lived in Canada for about 4 years, and only moved there after having marring a Canadian (Relevant? I don�t know).
Here are the specifics:
1. The Parenting Plan states that each parent must provide in
writing, by May 1st, the one uninterrupted week that they wish to spend
with the children during the summer. (Ex-wife has not done this)
2. On April 14, I received a certified letter in the mail summoning me to
court. My ex- wife is taking me to court, asking the court to allow her to
take our children out of the country, on vacation to visit their
grandmother for 11 days. This was the first time
that I have receive any written notice of intent and the dates.
3. I have verbally told my ex-wife, that I would not give my blessing, for
her to take the children out of the country. However, my ex-wife has
not met her court appointed obligation; by first sending me, in writing,
the one week of vacation time.
Secondly, the parenting plan also states that if an agreement can not be
made between
the parties, then both parties shall enter into mediation. If the matter
can not be resolved in mediation, then the issue should be brought forth
to the court. (not done)
4. I would like to go into court and ask that the case be dismissed on the
grounds that my ex-wife has not followed the court appointed procedure
of providing written notice of her intent for vacation time. Also, that by
filing a request with the court, before following the laid out parenting
plan, that she is also in contempt of court. Finally, my ex-wife is asking
for 11 days uninterrupted time in Canada, which actually equates
to me not seeing our children for 16 days in a row.
My question here is, �What are my chances of getting a ruling in my favor (taking into account a fair and impartial judge)?� Is there any advice that any has to offer?
Also note that my ex-wife has no ties to the community here in Kansas. In fact, we are both originally from California and moved to Kansas in 1997 due to my career. My ex-wife and I did not have a healthy marriage, nor do we have a healthy relationship now. I do not trust her and I have no idea if she will come back from Canada or not. I do believe that she will come back; however, if she does not, then it would be yet another time in which she has been able to pull the wool over my eyes. I DO NOT TRUST HER! She can look me in the eyes and I can not tell when she is lying! (9yr relationship, including marriage)
Also my ex-wife (CP) loves to throw the Parenting Plan in my face, every time I ask for a few extra hours with the children. Now she wants an extra week of vacation time in the summer, of which the bulk of my parenting time is scheduled. So yes, I would like to see her eat her own words once in a while. Court date: May 16, 2006
Thank you in advance