The question:
Our parenting plan states, "disputes between parties shall be submitted to mediation." However, I am considering filing contempt charges against the X for not following the directions of the court as she will not reply to my requests. If in fact I need to go through mediation, do I need to do that in Washington where the divorce was finalized or in Oregon where the boys reside, or in Idaho where I reside?
The rest of the story:
Because I lived in Nebraska and X in Washington, visitations were set for one long weekend per month. On several occasions, my X has waited for the last minute (after my flight, car, and hotel were arranged) to email me that she would be out of town with the boys.
I have given my kids a prepaid calling card. However, I have not received a call in over a year. I only know her cell phone and every time I call I get sent to voice mail. My messages are not returned and I don't believe my kids get the ones I leave for them. "Reasonable telephone access" is required per the parenting plan.
I have asked repeatedly (via email) for my kid's school schedule, to be advised of any medical issues, and to be kept informed of their social activities. This is required per the parenting plan however, all requests are ignored.
A little over a month ago, I moved to Idaho after finding a comparable job there. I kept my X informed of the status of my move and sent her my new home phone/address and my new work phone/address.
Three weeks ago, my wife sent me an email letting me know that she had a new job and she and the boys had moved to Oregon - only 2 hours away! She told me I could pick up my boys at McDonalds which I did. She did not and has not informed the court of the move as required and she will not tell me what the new address is. I asked the boys where they lived and they told me they didn't know.
As they are located approximately 2 hours away, I have asked her to consider visits every other weekend - no reply.
I would like to get custody but, based on my prior court experience, I know that is impossible.
Some interesting notes:
Although I was escorted from my home by the police with only one suitcase, my attorney counseled me not to file perjury charges related to the protection order as it could hurt my case.
The divorce took over two years and over $40,000. During that time I lost my job and got a new one in Nebraska. However, I never missed a CS payment and, paid additional COBRA fees to keep my boys insured.
Although the X was directed by the court to deliver agreed property, I was never allowed to obtain it. At the end of the case, a list of items that I supposedly had in my possession was submitted to the court my by X (I submitted one as well). The court accepted hers and ignored mine even though she testified that she had sold, broken and left several of my items behind when she moved. - Go figure.
In the end, I got to pay off all the joint debt and keep my 401k.
The reason I am paying the $1,000 spousal support is so that she can go to school. Since the finalization she has found the time to work full time. However, my CS % is still based on her income at 20hrs/week.
Our parenting plan states, "disputes between parties shall be submitted to mediation." However, I am considering filing contempt charges against the X for not following the directions of the court as she will not reply to my requests. If in fact I need to go through mediation, do I need to do that in Washington where the divorce was finalized or in Oregon where the boys reside, or in Idaho where I reside?
The rest of the story:
Because I lived in Nebraska and X in Washington, visitations were set for one long weekend per month. On several occasions, my X has waited for the last minute (after my flight, car, and hotel were arranged) to email me that she would be out of town with the boys.
I have given my kids a prepaid calling card. However, I have not received a call in over a year. I only know her cell phone and every time I call I get sent to voice mail. My messages are not returned and I don't believe my kids get the ones I leave for them. "Reasonable telephone access" is required per the parenting plan.
I have asked repeatedly (via email) for my kid's school schedule, to be advised of any medical issues, and to be kept informed of their social activities. This is required per the parenting plan however, all requests are ignored.
A little over a month ago, I moved to Idaho after finding a comparable job there. I kept my X informed of the status of my move and sent her my new home phone/address and my new work phone/address.
Three weeks ago, my wife sent me an email letting me know that she had a new job and she and the boys had moved to Oregon - only 2 hours away! She told me I could pick up my boys at McDonalds which I did. She did not and has not informed the court of the move as required and she will not tell me what the new address is. I asked the boys where they lived and they told me they didn't know.
As they are located approximately 2 hours away, I have asked her to consider visits every other weekend - no reply.
I would like to get custody but, based on my prior court experience, I know that is impossible.
Some interesting notes:
Although I was escorted from my home by the police with only one suitcase, my attorney counseled me not to file perjury charges related to the protection order as it could hurt my case.
The divorce took over two years and over $40,000. During that time I lost my job and got a new one in Nebraska. However, I never missed a CS payment and, paid additional COBRA fees to keep my boys insured.
Although the X was directed by the court to deliver agreed property, I was never allowed to obtain it. At the end of the case, a list of items that I supposedly had in my possession was submitted to the court my by X (I submitted one as well). The court accepted hers and ignored mine even though she testified that she had sold, broken and left several of my items behind when she moved. - Go figure.
In the end, I got to pay off all the joint debt and keep my 401k.
The reason I am paying the $1,000 spousal support is so that she can go to school. Since the finalization she has found the time to work full time. However, my CS % is still based on her income at 20hrs/week.