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Thank you so much- I am sure I will be back with more questions but this gives me a great launching pad.

All parties and Order in Wisconsin


Ok, well what I expected would happen looks like it's going to happen, ex is going to deny my weekend. I will be taking this back to court.

again, my order is as follows:

A. School Year (EX) shall have primary physical placement of (child) during the school year which shall be defined as one week prior to the start of the school year until the Sunday after the last day of school. (ME) will have secondary placement during the school year every other weekend and during those days in which school is not in session except for the Thanksgiving and Christmas holidays.

B. Summer (ME) shall have physical placement of (child) during the summer which shall be defined as commencing the Sunday after the last day of school and ending one week prior to the beginning of the school year. (EX) shall have secondary placement every other weekend during the summer and additional uninterrupted seven day period. (EX) shall notify ( ME) at least 60 days in advance of the 7 day period of extra placement during the summer.

C. Holidays The parties shall share the Thanksgiving and Christmas holidays in a manner to be determined by the parties. Regardless of placement (ME) shall have placement during the Mother's Day weekend and (EX) shall have placement during the Father's day weekend.

Additional info that, I hope, justifies filing-

CP not co-parenting- I am informed of nothing

Contempt for CP- not telling me about any medical information at all- including who son's doctor is

CP not getting son into some sort of counseling- which was ordered by the judge but that CP's lawyer conveniently left out of the order...transcripts will show this

Son being exposed to a felon who continues to break the law- convicted-and just signed a plea agreement for 3 more charges and threatened to kill me (She is on a 5 year probation/stayed prison sentence for drug dealing felonies- the judge said that she had every reason to behave properly and should not be a risk/bad influence to the child)

SM also filed false CPS report against mom while SM was on bond with no contact no harrassment provisions- case has been closed and awaiting paperwork and phone records to follow up with pressing more charges

Rats/Mice in their home - Son said it was a rat- insisted it was a rat even though I said it was probably a mouse but then when he saw me start to go into freak out mode he quickly said it was a mouse

CP allowing son to play outside alone, unsupervised even though 2 convicted sex offenders live in that same trailer court- one of them 2 doors down

Not being informed about school at all, conferences, report cards anything- I make a point to fond out who son's teachers are and contact them 2x per month for updates and such- CP does not know I do this- CP was extremely irritated when I showed up to the parent techer conference

CP NEVER allowing make up time- even though I cooperate and and try to be flexible and agree for son to attend their events that occur during my time


The questions I have, and have gotten various answers from different sources, but I want to make my trips to court as effective as possible.

My thought is to file for Contempt and Modification of Placement right away listing everything out and then to include a clarification request so if the judge is not inclined to change custody he can just clarify the exsisting order.

My thinking is- because the case was soooo close before, what has happened since might just be enough to get kiddo back to me- I do realize this really is a long shot- but if I don't ask I definitely won't get it.

I have been told that this is not really a sound strategy- kind of like trying to win a baseball game with a home run in the first inning.

1. So, any advice on strategy?

2. Can including the request for modification hurt my case?

3. If a party is Pro Se, how exactly do they get their own testimony before the court? The can't exactly question themselves as if they had a lawyer.

Just for further clarification, this weekend rotation is the rotation we have been using since we got the final judgement last year. At that court date which was a Friday, the judge acknowledged that it was my weekend, but he wanted to see son home by 5:00 on Monday to prepare for school the next day.

That weekend was the weekend that started the every other rotation and we have never deviated since, that particuler weekend also corresponds to the weekend in question this year, Labor Day weekend.

Ex is basing his denial of the weekend on the fact that he believes child should have a full seven days at his home prior to the start of school. he actually thought the order said the child was to  be returned home and stay home until the start of school- which it clearly does not say that.

does being able to track it back to when the schedule began, and what the judge said (even though it isn't in the written order- it is in the transcripts) affect your interpretation?

All parties and order Wisconsin

Court order word for word-

A. School Year (EX) shall have primary physical placement of (child) during the school year which shall be defined as one week prior to the start of the school year until the Sunday after the last day of school. (ME) will have secondary placement during the school year every other weekend and during those days in which school is not in session except for the Thanksgiving and Christmas holidays.

B. Summer (ME) shall have physical placement of (child) during the summer which shall be defined as commencing the Sunday after the last day of school and ending one week prior to the beginning of the school year. (EX) shall have secondary placement every other weekend during the summer and additional uninterrupted seven day period. (EX) shall notify ( ME) at least 60 days in advance of the 7 day period of extra placement during the summer.

C. Holidays The parties shall share the Thanksgiving and Christmas holidays in a manner to be determined by the parties. Regardless of placement (ME) shall have placement during the Mother's Day weekend and (EX) shall have placement during the Father's day weekend.




Gonna try to make this short- I gave ex a calendar of the next 12 month schedule for visitation and requested that if there was anything he disagreed with to let me know in writing by sept 1, otherwise that is the schedule we would work from.

last night was the end of the summer visitation schedule. at the swap he threw the calendar into my car and said he didn't agree, that this up coming weekend was not mine and therefore the whole calendar would need to be changed. Any time I tried to ask for clarification or explain why this up coming weekend was indeed my weekend he just yelled louder that it wasn't and he didn't have to write anything and blah blah blah...

So here is my understanding- partly based on the advice that I recieved from the start of summer when we had a similar issue.

Last weekend was dad's weekend...the weekend before- mine- all the way back through the summer and last school year....court order states that child should be returned one week prior to the start of school (yesterday)

It is my contention the this upcoming weekend IS my weekend for 2 reasons

1. It is my weekend in the weekend rotation that we have been going off of for over a year
2. We are now on the school year visitation schedule which provides me every other weekend and all other extended weekends from school.....which has always been every three day weekend the occurs during the school year

I have more questions based on this ones answer. Thank You again!


Ex says no.....who is right?

>>Questions:


>
>>
>>Is this malpractice?
>
>You say that the attorney "signed" the order. In most
>jurisdictions, only a party can actualy sign (enter into) a
>stipulated/agreed order, because this is essentially a
>contractual agreement between parties that the court then
>orders. If your attorney were to sign such an order without
>your agreement, that would be fraud, because the attorney
>would have been inducing the court to order a stipulated
>agreement based on the misrepresentation that the client
>agreed to the stipulation.
>
>However, if you mean that the attorney approved a court order
>as to form, which was previously ordered by the court, and
>then the prevailing party's counsel was directed to prepare an
>order that reflected the court's orders, that is entirely
>different,  because the only question is whether or not the
>order does reflect the court's intent. If it does, then the
>attorney can sign, and there's no malpractice. If the order
>does not comport with the court's instructions, then that may
>be malpractice (breach of the duty of due care and loyalty
>owed by an attorney to a client).
>



Thank you so much for your answer, the part I have quoted I am a bit
confused about though.

The judge directed that I be able to review and have input into the
order, but it was not a stipulated agreement. I was not given that opportunity by opposing counsel or my own.

My own attorney made no suggestions to the proposed order, just signed it and sent it back. Then told me later that opposing counsel had just sent the draft into the judge- as if he had never seen it.

I'm not sure that the order defies the intention of the court. It is
just vague and increasingly more problems are cropping up because of that.


Questions:

Is there a particular form for a motion for clarification, and what
exactly can be addressed using that type of motion?

Because of at least 7 instances of contempt under the vague order would you recommend filing the motion for clarification or the contempts with a motion to modify? what are the benefits pitfalls of one over the other?

Thank you again.

Dear Socrateaser

State Wisconsin- all parties, and order

Last fall my attorney signed a proposed custody agreement without my knowledge. Prior to him recieving the document I had sent him a list of items that were very important to have included in the final order. The judge had also said that I should be given the opportunity to review and have input into the order.


For over a month and a half my attorney denied knowledge of the orders exsistence. Reviewing the paperwork I had been sent later, I found that he had signed the order, even though he had denied having it at the time. My order now is extremely vague and not working out.

There is more about this case that I am dissatisfied about- but this I can PROVE.

Questions:

I still owe the attorney $400, (out of thousands), do I continue to just pay it even though I was basically sold out?

Is this malpractice?

Does this give me an avenue to have the order modified?


Thank You very much.

First right of refusal is usually specified in orders. Basically it means if the parent who has possession of the child is unable to care for the child for a specified period of time, then the other parent has the first option to provide care for the child before a third party...

If you are not there to care for the child, why is it a big deal if the other parents cares for the child?

and also a tennis LESSON isn't really a public event the way a tennis MATCH would be....

again is there any plan (through the court) for him to get off supervised visitation?

how long has he be on supervision?

Are the extra curricular events open to the public?

How long has dad been on supervision? Is there a plan to get him regular parenting time? Why is he on supervision?

If at all possible, do get an attorney, trying to do this pro se from 5 hours away will be very difficult...add in the third party aspect and it gets really confusing