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Soc; our last interview w/ prospective atty was postpone, the new appt is not until Friday after "child" is returned to CP.

"Child" was picked up for summer visitation w/265 insect bites, a new prescription anti-anxiety med, and new prescription topical med.  This represents the norm for the condition of the child when we pick her up, and has continued like this for 4 years (all Dr. documented).

Our Order prevents us from taking child to the Doctor "except in the case of emergency"

"Child" stated to NCP that there had been the use of handcuffs ("like the police have") restraining her to the bed while she slept to keep her from scratching.

We had taken pictures of various body parts of "child" and the extent of the bites the evening we picked her up and also the identical photo's on her day of return showing the improvement.

1) In preparing to be heard on this et al, issues, is there anything else you can suggest to best preserve/document the condition of the child for court?

2) Is there some way to preserve/document child's statement about the handcuffs without contaminating it, for our atty's use later?

3) any other advise you can give is greatly appreciated ?

Arkmom

Soc, as you may remember we consistantly have trouble with CP arriving on time, or at all, for visitation, due to differing interpretations of the order. Most recently for June 1, were she failed to show at all. (we came accross a sympathetic Deputy to write a report stating such)

Cp did not return our phone messages as of June 2 in the pm, so we called her local (pop. 300) sheriff to look in on child. Not 5 mins after hanging up with Sheriff's office, we finally recieved a call back from CP.

CP has interpreted "first two full weeks of June..." as starting on Sunday, June 6, despite our letter last year stating our interpretation (and yours!) of the order pertaining to summer visitation.

Our appt. with prospective atty's is not until Friday in the presiding county.

1) Is there such a thing as an emergency hearing to resolve summer visitation issues?

2) What would your intuition tell you about the proximity of our call to sheriff and the return call from CP?

3) Is there a recourse if the Sheriff's office is biased in CP's favor given the likeyhood that they are aquinted?

Soc, as you may remember we consistantly have trouble with CP arriving on time, or at all, for visitation, due to differing interpretations of the order. Most recently for June 1, were she failed to show at all. (we came accross a sympathetic Deputy to write a report stating such)

Cp did not return our phone messages as of June 2 in the pm, so we called her local (pop. 300) sheriff to look in on child. Not 5 mins after hanging up with Sheriff's office, we finally recieved a call back from CP.

CP has interpreted "first two full weeks of June..." as starting on Sunday, June 6, despite our letter last year stating our interpretation (and yours!) of the order pertaining to summer visitation.

Our appt. with prospective atty's is not until Friday in the presiding county.

1) Is there such a thing as an emergency hearing to resolve summer visitation issues?

2) What would your intuition tell you about the proximity of our call to sheriff and the return call from CP?

3) Is there a recourse if the Sheriff's office is biased in CP's favor given the likeyhood that they are aquinted?

As I understand it, virtually nothing can be done at the time of denial.  It's not until you are seen by a judge and BM is found in contempt that anything can be done.
This is what we do->anytime CP denies visitation, 1) we advise her by Certified, return reciept mail titled Intent to Exercise Visitation, saying 2) that the denial is not acceptable and 3) reiterate the court ordered time and place and 4) that we will be there to pick up child.
Our trip is 2 hours, but we go anyway, purchase a coke or coffee or what have you at the meeting place, keeping the time stamped reciept, wait 30 mins then leave.
Once home again we draft another letter titled Denial of Vistation, (Cert, RR) stating: 1) when and where we will be taking our make up time, 2) if no response to the contrary is recieved within 5 days (of the date of letter) we will assume these dates and times to be acceptable.
All you can do is document->Keep your mileage tallied, keep your reciepts, document/record phone calls>>you may be able to seek mileage reimbursement, Soc would know better. Your reciepts show you to be at the right place at the right time, and your letters will show that she knowingly placed herself in contempt (cause you said you'd be there in your letter!), rejection of her excuse for denied visitation and that you endeavored to see child in lieu of a missed visitation.
Each time a letter is sent, we remind her that  "this violation will be subject to consideration by the court as contempt"

Best of luck to you
ArkStepMom

Soc, we have recently come into a modest amount of money (not enough for the $3500 retainer for custody) so are in the midst of hiring an attorney to modify order (as you so often have encouraged) and contempt.

In our previous hearings to gain custody, we were never able to tangibly prove, or given the opportunity to present proof, of the hostile environment in which my SD is subjected to in CP's home.

We believe, but are not certain, that CP is pregnant. I am of the understanding that, as a rule, polygraph would not be administered to a pregnant subject.

Court jurisdiction is in Arkansas.

If we did manage to come up with the funds to attempt custody again:

1) Can a polygraph be applied to CP as proof of the volitile realationship between CP & her husband?

2) If not on CP, can the polygraph be applied to CP's husband?

3) Would you recommend a polygraph to prove this situation exists?

Thanks in advance

 :)

Court Order states: "Summer visitation for the Defendant shall consisit of six (6) weeks to be taken in the following manner: The first two weeks of June after school is dismissed for the summer; The first two full weeks of July and the first two full weeks of August."

it also states: "That the non-custodial parent shall not take the minor child out of state without the permission of the custodial parent, which permission shall not be unreasonably withheld."

and also states: "In the event the minor child is ill, and therefore unable to exercise visitation with the non-custodial parent, the custodial parent will present a doctor's excuse to the non-custodial parent as evidence thereof, and said visitation shall be made up within 30 days"

Given the history of CP thwarting visitations, using the doctor's excuse to deny visitation (once for a runny nose and once for bug bites, among other unexcused denials), we anticipate that CP will find reason to disallow a 5 day, out of state vacation to Disney World during our two week visitation in August for which tickets are purchased.

If we notify her now we risk the denial , but have time to seek court help, although it is more likely CP would wait until Aug 1 to deny. Or we could wait until Aug, when we have "child" to notify, and  determine then if the denial  is "unreasonably"

1) How much notice would you suggest we give?
2) Do you have any other suggestions to circumvent problems?
3) What prevents us from following through with our vacation when out of state travel is "unreasonably denied"?
4) What are the repercussions (SP?) ?

Thank you for your help Soc

I notice you wrote "actual services rendered"

1) Would Co-Pays then fall under shareable expenses.
(please keep in mind, CP uses med visits to keep us from visitation. costing us each time!)

Well I better get busy drafting one more request!

Again thank you :)

BTW: The Atty bill was payed in full, $1500 plus other various fees, totalling $2100 and the final reciept as evidence (which was not itemized, just a dimestore 2X6 record of payment)
After several requests, our file arrived 8 weeks later, COD $190.00. A question asked to atty's office uncovered that the $190.00 represented copying fees! Subsequently the file was not picked up from post office.