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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!

Dear Soc,

CP has a history of refusing to sign for certified letters. We have a dozen letters saved that have been returned by USPS.

Currently we send letters certified with return receipt requested & another copy via 1st class mail. This way even if CP doesn't sign for the certified letter she will receive one via regular mail.


Q 1. Does sending letters this way show adequate evidence of providing notice in court?

Q 2. Would sending letter via priority mail with delivery confirmation better prove that notice was given?

Q 3. Are all the letters that CP hasn't accepted admissible in court?

Q 4. Can CP claim she doesn't have to sign since for certified since she also gets a copy via 1st class mail?

Thank you.

Soc,

May I ask you a question in private? Thanks.

Just a couple more questions. Thanks.

>>1. Is there any way, through court or otherwise, to enforce
>>the address notification?
>
>If you kept the unclaimed mail unopened, and the mail was
>addressed to the previously disclosed legal contact address,
>then the combined facts should give you sufficient evidence to
>file a motion for enforcement or even for contempt, where you
>could get sanctions for the refusal to provide current address
>info.

All returned, unopened mail has been kept. Is this something I would have to hire an attorney for? Or can I do it myself? If so how do I go about it?

>>2. Can I hand deliver letter with vacation dates to CP at
>>exchange?
>
>Yes, but it would be good to have a witness, or you can carry
>a tape recorder and tell her she's being recorded before you
>tell her that your giving her notice by hand because she's
>failed to provide you with any contact info as required by the
>court orders. Then if she admits it on tape, you can use the
>admission as proof of contempt, and have her sanctioned (i.e.,
>money or community service).

Would my wife suffice as witness?

>>4. If CP refuses to accept letter am I allowed to send a
>>certified letter to her work (a public school)?
>
>Generally, if you cannot reach the other party at the legal
>address, then you can file the notice of your plans in the
>court file and that will provide constructive notice.

Would I only send the notice to the court or to her previous address as well?

Dear Socrateaser,

Case is in Washington state. CP lives 2-1/2 hours away & we meet in between for exchange. On 2/5/06 CP moved out of mom's house & in with BF. Despite repeated requests CP has not provided current address & phone number. There is no reason for CP to refuse other than to control & interfere.

Most recently I sent a request to her previous address (mom's) via certified, return receipt & first class mail. The certified was unclaimed.

PP states I am to notify CP in writing of my summer vacation dates by May 1st.

Actual PP Language:

"Each parent shall notify the other of all changes in address and telephone numbers."

"NCP shall notify CP by May 1 of summer vacation schedule. This will be done by written letter from NCP. CP will sign and return a copy of the letter to NCP."

Questions:
1. Is there any way, through court or otherwise, to enforce the address notification?
2. Can I hand deliver letter with vacation dates to CP at exchange?
3. If so, is there anything I need to do to document or provide evidence that this was actually done?
4. If CP refuses to accept letter am I allowed to send a certified letter to her work (a public school)?

Thank you.

Just a couple more questions. Thanks.

>>1. Is there any way, through court or otherwise, to enforce
>>the address notification?
>
>If you kept the unclaimed mail unopened, and the mail was
>addressed to the previously disclosed legal contact address,
>then the combined facts should give you sufficient evidence to
>file a motion for enforcement or even for contempt, where you
>could get sanctions for the refusal to provide current address
>info.

All returned, unopened mail has been kept. Is this something I would have to hire an attorney for? Or can I do it myself? If so how do I go about it?

>>2. Can I hand deliver letter with vacation dates to CP at
>>exchange?
>
>Yes, but it would be good to have a witness, or you can carry
>a tape recorder and tell her she's being recorded before you
>tell her that your giving her notice by hand because she's
>failed to provide you with any contact info as required by the
>court orders. Then if she admits it on tape, you can use the
>admission as proof of contempt, and have her sanctioned (i.e.,
>money or community service).

Would my wife suffice as witness?

>>4. If CP refuses to accept letter am I allowed to send a
>>certified letter to her work (a public school)?
>
>Generally, if you cannot reach the other party at the legal
>address, then you can file the notice of your plans in the
>court file and that will provide constructive notice.

Would I only send the notice to the court or to her previous address as well?

Dear Socrateaser,

Case is in Washington state. CP lives 2-1/2 hours away & we meet in between for exchange. On 2/5/06 CP moved out of mom's house & in with BF. Despite repeated requests CP has not provided current address & phone number. There is no reason for CP to refuse other than to control & interfere.

Most recently I sent a request to her previous address (mom's) via certified, return receipt & first class mail. The certified was unclaimed.

PP states I am to notify CP in writing of my summer vacation dates by May 1st.

Actual PP Language:

"Each parent shall notify the other of all changes in address and telephone numbers."

"NCP shall notify CP by May 1 of summer vacation schedule. This will be done by written letter from NCP. CP will sign and return a copy of the letter to NCP."

Questions:
1. Is there any way, through court or otherwise, to enforce the address notification?
2. Can I hand deliver letter with vacation dates to CP at exchange?
3. If so, is there anything I need to do to document or provide evidence that this was actually done?
4. If CP refuses to accept letter am I allowed to send a certified letter to her work (a public school)?

Thank you.

>4. In WA state, a Notice of Withdrawl must be completed. You
>should serve notice of the mediation on her (previous)
>attorney too. At that time, the attorney will either answer or
>will give you notice of their withdrawl from representing the
>Ex.

We initially requested mediation through her attorney back in October, but never heard back from her. When it was brought up to CP in early November we were told she "didn't have an attorney".

Thanks for your responses!

Dear Socrateaser,

We are in Washington state & attempting to update an old, outdated parenting plan.  The CP is refusing to mediate & has said she isn't going to go to mediation because it is a waste of time.

The Dispute Resolution section of the court ordered Parenting Plan states: "Mediation with 50/50 expenses shall be used to handle dispute resolution."

11/19/05 - CP signed for a certified letter asking that she contact the mediation center within 3 days of receipt to schedule mediation.

11/23/05 Mediation center confirmed that CP did not contact them. At this point they initiated contact with CP.

11/30/05 Mediation center followed up to say CP has not returned any phone messages so they have not been able to schedule mediation.

1. We have always been under the impression that mediation had to come before court action. Is that how you interpret the Dispute Resolution section above?

2. Is there anything else we can do to enforce the Dispute Resolution section, or do we need to go to court?

3. If we need to go to court would we go for Parenting Plan modification or for contempt on the mediation issue?

4. CP claims she no longer has an attorney. Over the past year all contact on these types of items has been through her attorney. Would her attorney have to provide notice she no longer represents CP?

Thanks for your help.

An attorney in Benton County, Washington State has come highly recommended by several friends/associates.  He is supposed to be aggressive & pro-shared-parenting.  I have had the opportunity to meet him as he was my son's baseball coach this spring.  He obviously has also met & had contact with CP.  I am sure the attorney would tell me if it was a conflict of interest, but I don't really want to air our personal business if I can't hire him.

Q1:  Is prior contact through sports, school or other activities considered conflict of interest?

Thanks.