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Visitation denied as usual

Started by whippertizzy, Dec 07, 2003, 08:10:35 AM

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whippertizzy

As usual we drove 4 hours to pick up his children for a couple hours. For once we thought that it wouldn't be a problem because it was the day after his oldest's birthday, and the mother had already said it would be no problem to pick them both up.  When we got there, She said that she changed her mind because she didn't get enough advance notice( she had aleady said it was ok 3 days in advance) Her bf was in the backround yelling about how "The kids weren't going anywhere because he runs the house" and how my spouses child support money is paying for all the kids in the house (there are 6, 2 that are my spouses, the bf has no job)  We can't even call the lawyer til Monday, and we don't have an appt with him til January.  So here is my question.  

Dec 26th is the next date for visitation. We will be there with the order in hand, and My spouse will call the police this time.  What can we do to make sure that she doesn't block his visitation again. She has found a way to block it for a couple months now.  I told my spouse the he should file a notice to exercise visitation on monday, but I have no clue how much good that will do.
 
In his order it says he can make up all missed visition. How does that work? Does he have to get a court order for that, because his ex already said she was not allowing them to come to our house.

Can we get an order saying that she has to meet us somewhere neutral, like the police station and withour her bf present? Her Bf has threatened both my spouse and I. Whenever He is on the phone with his children, the BF is in the backround with "comments" along with his ex wife. She is always saying things like, "I wish he wouldn't call here, all he is good for is child support" and "your dad doesn't care about you". Her bf called here once and was harrassing me til I told him I would call the police. We think that it could turn into a very bad situation one of these days face to face. As I posted in another thread her Bf is an ex convict who went to jail for drugs and violent crime.(one of the crimes was hitting my spouses ex so hard it burst her ear drum)

doood

"Her Bf has threatened both my spouse and I"

get it on tape and take it to the police

Brent

If you aren't already using these letters, start doing so immediately:


Intent Of Visitation Letter
http://www.deltabravo.net/custody/intent.htm

Denial Of Visitation Letter
http://www.deltabravo.net/custody/missed-visit.htm

whippertizzy

His Children just called crying because Daddy didn't show up.  Their Mother told them that He just didn't come, when she said that he couldn't pick them up. Now she is saying that she said sure come up to the house and get them, and that we just left, after driving four hoursto come pick them up. I am so angry. Now its a bunch of he said she said. How can we prove that we did show up?


whippertizzy

She is already saying "we might be on vacation" for the next visitation date. We need to get this fixed its turning into a fiasco.

smtotwo

First, I'd start recording ALL conversations with her and the kids.  If you live in a "one-party state" then she doesn't need to know.  If you live in a "two-party state" then send her a letter, certified mail stating that ALL further conversations will be recorded.   She may be nicey nice for a call or two but eventaully she'll snap agani.

If you don't want to tell her your recording then you can't use them in court, but you could still use them if a GAL is appointed to show how uncooperative she is.

Second, send  the intent to exercise and refusal of visit letter to her for EVERY visit.  Copy them to the clerk of courts office with a letter stating they be placed in File #....

Thirdly, get a receipt from a gas station in their area every time you drive there.  Make sure it is a date/time receipt so you can show that you were there if she says you weren't.

Lastly,  File contempt against her EVERY SINGLE TIME she denies visits.