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violation of court order-what do we do?

Started by rogersdii, Apr 12, 2004, 02:21:04 PM

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rogersdii

We have joint legal custody with shared visitation, one week with us, one week with mom. Our address to be used for mail and school. We allowed this because we wanted A to keep a relationship with his mom and did not want her to have every other weekend because she works weekends and would leave him with his half brother who is only 13.    There is a relocation clause in our CO...60 day written notice....must show just cause...well she tells us yesteday she is moving out of state, no notice, no nothing. Now we live on the border of MO and IL, but it would be about a 40 minute drive.  (She has a whole different life over in IL, owns horses, gambles, works at track, has been seeing this man even while married and he is a trainer over there and they have new baby) this well be a hardship on A. Even if she does get up and drives him over every day, (I know she will not) he will be up at the crack of dawn and then drive home evey night?
She is hoping we give up and she will enroll him over there.  Do we have to hire another attonery?  She does not care about the paperwork and thinks she can do whatever she wants because she is his mom, no court is going to tell her what she can and can not do with her child.  God help us, we are at the end of our ropes. :(  ( we did tell her in no uncertian terms that A would not be allowed to move out state.)
rogersdii

mandi

If it is in your agreement that she has to inform you within 60 days and she has not, she is in contempt of the court and i would haul her butt right into the court room with or without a lawyer.  But be sure that you have followed and done everything that you are suppose int he agreement as well, cause it can back fire on you.  My hubby and I are dealing with the same kind of BM, she thinks that she does not have to do anything that agreement says and we are takeing her back to court because she is in contempt of over half of what the agreement states, we ar goign to try for full custody.  Pray for us as I will pray for you.  Hope this helps you some.

*~Mandi~*

rogersdii

Thank you, I will and have been in prayer..it is what keeps me sane,
we did contact our lawyer again....he stated the same thing we are now
going for the modification...pray it is quick and not as costley as the last round....we ususally win, but she drags it out and we end up paying..I think she knows that and enjoys that....

mandi

No problem!!  My hubby's BM does the same thing, she drags everything out and like my hubby owes a little retro pay and it is like everytime he takes her to court for something or even like when he tries to excerise his long visitations with his daughter, she takes him to court about the retro pay and he ends up having to pay her a large sum of that retro pay when it is already in the agreement that he pays extra each month with the child support.  Our sourt system is NUTTS!!!! Keep up the good work!!!
*~Mandi~*