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I SHOULD BE FILLING WHAT? OSC? EX-PARTE? CONTEMP??

Started by fathers4custody, Jan 07, 2004, 02:21:01 AM

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fathers4custody

I'm going to list the Minute Orders from most recent to the last actual Order that was executed.  What I need to know is what I should be filling, since she is not letting me see her or talk with her since 10/30/03.  
Note:  The last order did not specify the times we would share.  But did state that we have JOINT CUSTODY.

01-06-03            NO APPEARANCES BY EITHER PARTY >     OFF CALANDAR

01-03-02            WE WERE BOTH TO BE AT MEDITATION,  BOTH NO SHOW
                                        (not a minute order)

11-18-02            BOTH PARTIES PRESENT >      REFFERED TO MEDIATION

12-10-01             "PARENTS WILL HAVE JOINT CUSTODY"

ON 10-11-02,  "APPLICATION AND ORDER FOR REISSUANCE OF ORDER TO SHOW CAUSE" SHE FILLED, THAT STATES:

              *THE ORDER TO SHOW CAUSE AND THIS ORDER EXPIRES ON THE DATE AND TIME OF THE HEARING SHOWN IN THE BOX ABOVE UNLESS EXTENDED BY THE COURT*        (THE DATE MENTIONED IS 11-18-02, WHICH WE WERE BOTH PRESENT, REFFERD TO MEDIATION.

   WHAT ORDER IS IN EFFECT NOW?   I BELIVE IT IS THE ONE FROM 12-10-01.
      IN SHORT WHAT I WANT FROM THE COURTS IS FOR THEM TO ENCFORCE THE ORDER THAT STANDS, AND TO MAKE A SPECIFIC TIME CHART RELATING TO ' WHO HAS WHAT & WHEN', SINCE WE ARE UNABLE TO DO THIS OURSELVES.  SHE IS IN A YEAR ROUND SCHOOL.  SHE GOES TO SCHOOL SAY, 10-12 WEEKS STRAIGHT, OFF 4-6 WEEKS, THEN ON, SO ON AND SO FORTH.  WE LIVE ABOUT 85 MILES APART.  I WOULD LIKE HER TO STAY WITH ME ON HER OFF WEEKS,  ATLEAST TWO WEEKENEDS A MONTH, AND ATLEAST EVERY WED OR THURSDAY I GET HER FROM AFTER SCHOOL TO SAY 6:30.
      SHE IS 9. AND IN 4TH GRADE.
I TRIED NOT TO WRITE TO MUCH, SO NOT TO OVERWELM (spelled wrong?).  ANY HELP WOULD BE GREAT!!1
THANKS-----
   ***THIS ISSUE IS IN 'SAN BERNARDINO COUNTY,  CALIFORNIA***

mudbunnies

well when in doubt, i file a Motion for Clarification, asking the court to clarify what is standing and what is not...

if this were my situation i would file a Motion for Clarification and Motion to Determine Specific Parenting/Visitation Time, listing out your concerns which need to be claried and a request to specify visitation/parenting time.

Get it filed fast, send her a copy certified mail or whatever, get it set for a hearing, i would think you would be covering your bases and getting a step closer to regular visits.

Make sure you get a school calendar and a proposed parenting time schedule ready prior to the hearing.. make it easy on the judge

fathers4custody

I'm going to list the Minute Orders from most recent to the last actual Order that was executed.  What I need to know is what I should be filling, since she is not letting me see her or talk with her since 10/30/03.  
Note:  The last order did not specify the times we would share.  But did state that we have JOINT CUSTODY.

01-06-03            NO APPEARANCES BY EITHER PARTY >     OFF CALANDAR

01-03-02            WE WERE BOTH TO BE AT MEDITATION,  BOTH NO SHOW
                                        (not a minute order)

11-18-02            BOTH PARTIES PRESENT >      REFFERED TO MEDIATION

12-10-01             "PARENTS WILL HAVE JOINT CUSTODY"

ON 10-11-02,  "APPLICATION AND ORDER FOR REISSUANCE OF ORDER TO SHOW CAUSE" SHE FILLED, THAT STATES:

              *THE ORDER TO SHOW CAUSE AND THIS ORDER EXPIRES ON THE DATE AND TIME OF THE HEARING SHOWN IN THE BOX ABOVE UNLESS EXTENDED BY THE COURT*        (THE DATE MENTIONED IS 11-18-02, WHICH WE WERE BOTH PRESENT, REFFERD TO MEDIATION.

   WHAT ORDER IS IN EFFECT NOW?   I BELIVE IT IS THE ONE FROM 12-10-01.
      IN SHORT WHAT I WANT FROM THE COURTS IS FOR THEM TO ENCFORCE THE ORDER THAT STANDS, AND TO MAKE A SPECIFIC TIME CHART RELATING TO ' WHO HAS WHAT & WHEN', SINCE WE ARE UNABLE TO DO THIS OURSELVES.  SHE IS IN A YEAR ROUND SCHOOL.  SHE GOES TO SCHOOL SAY, 10-12 WEEKS STRAIGHT, OFF 4-6 WEEKS, THEN ON, SO ON AND SO FORTH.  WE LIVE ABOUT 85 MILES APART.  I WOULD LIKE HER TO STAY WITH ME ON HER OFF WEEKS,  ATLEAST TWO WEEKENEDS A MONTH, AND ATLEAST EVERY WED OR THURSDAY I GET HER FROM AFTER SCHOOL TO SAY 6:30.
      SHE IS 9. AND IN 4TH GRADE.
I TRIED NOT TO WRITE TO MUCH, SO NOT TO OVERWELM (spelled wrong?).  ANY HELP WOULD BE GREAT!!1
THANKS-----
   ***THIS ISSUE IS IN 'SAN BERNARDINO COUNTY,  CALIFORNIA***

mudbunnies

well when in doubt, i file a Motion for Clarification, asking the court to clarify what is standing and what is not...

if this were my situation i would file a Motion for Clarification and Motion to Determine Specific Parenting/Visitation Time, listing out your concerns which need to be claried and a request to specify visitation/parenting time.

Get it filed fast, send her a copy certified mail or whatever, get it set for a hearing, i would think you would be covering your bases and getting a step closer to regular visits.

Make sure you get a school calendar and a proposed parenting time schedule ready prior to the hearing.. make it easy on the judge