quick help needed ...CP verbally denying visitation,

[ArkStepMom]

In a recent question, Soc, I asked what would determine "Spring Break" in our vaque CO. In summary, you said the local public school.
Based on that, we sent a letter to CP , Certified and RR as follows:
"Dear XXX XXXXX,
This letter is intended to circumvent any confusion that may arise with regards to Spring Break and its relation to my visitation with XXXXXX on the 3rd weekend of this month.
The Agreed Order states, with regards to Spring Break, "...Spring Break if separate from Easter..." and with regards to weekend visitation, "The first and third weekends of each month beginning Friday at 7:00pm and continuing until Sunday at 7:00pm."
With no clear indication, in the Order, for the duration of Spring Break, standard order recognizes it as being defined by the Local Public School District.  XXXX XXXX School District calendar defines Spring Break as March 15-March 19, 2004. Your holiday visitation will conclude at 7:00pm, March 19, 2004.
I'm sure you realize that I consider my time with XXXXXX to be extremely special and valuable beyond measure.
      I will pick up XXXXXX: March 19, 2004, 7:00pm, Exit XX, XXXXXXXXXXX, XX
And return XXXXXX: March 21, 2004, 7:00pm, Exit XX, XXXXXXXXXXX, XX

Thank you,
XXXXX XXXXXXX"

this evening although she left a message on our machine saying that she "denied" our letter because we had child last year for the weekend following Spring Break and "that's what we'll be going by" (last year the weekend before, was our 3rd weekend visitation, the Judge ordered make up for past denied visitation for all of Spring break and the weekend following Spring Break was child's birthday, which was ours as well---three visitations all back to back)

1) What are our options?

[socrateaser]

Save tho recorded message with her denial, send her a letter stating your position and further stating that if she doesn not transfer the child as specified, then you will immediately seek a contempt order against her.

That's all you can do, unless you want to go to court now and request a clarification order.

[ArkStepMom]

Further to your advise would you agree or disagree with:

1) that we advise her that we will be at the meeting place at the CO time, should she change her mind? (the meeting place is 4 hours away split equally)
2) notify her that we will ask for travel expenses incurred for a trip that does not produce the child?
 -and in light of the fact she is consistantly late-
3) advise her that in the event she changes her mind and is late, to meet us at the sheriffs office, where we will be submitting a report of the failure to produce child?
4) attempt to attain a report from the sheriffs office?

On the grander scheme of things would you recommend:

1)  filing the contempts pro-se prior to an attempt at custody reversal with an Attorney
-or-
2) try the whole ball of wax at the same time with an Attorney?

Thank you so much Soc.
If you didn't know, you are greatly appreciated

[socrateaser]

>Further to your advise would you agree or disagree with:
>
>1) that we advise her that we will be at the meeting place at
>the CO time, should she change her mind? (the meeting place is
>4 hours away split equally)

yes.


>2) notify her that we will ask for travel expenses incurred
>for a trip that does not produce the child?

If she doesn't understand that you would be entitled to expenses, then yes.

> -and in light of the fact she is consistantly late-

irrelevant to the contempt action, unless you intend to prove all of the late appearances and ask for seperate contempt on this issue.

>3) advise her that in the event she changes her mind and is
>late, to meet us at the sheriffs office, where we will be
>submitting a report of the failure to produce child?

Don't compound your threats. You want her to show up, not get so annoyed that she will not show just to piss you off.


>4) attempt to attain a report from the sheriffs office?

Better to send the sheriff in her county to her home to ascertain if she and the kids are still there.
>
>On the grander scheme of things would you recommend:
>
>1)  filing the contempts pro-se prior to an attempt at custody
>reversal with an Attorney

I can't recommend or discourage this, because I don't know your abilities as a pro per or the local court's treatment of pro pers in general.

>-or-
>2) try the whole ball of wax at the same time with an
>Attorney?

If you intend to hire an attorney, then let the attorney handle it all.

[ArkStepMom]

There is a line in a paragraph that states "The parties may agree in writting to alter this holiday visitation on an "as needed" basis"

If we can actually get the sheriff to take us seriousely, they arrive at her door, she tells them "I told him I wasn't going to be there"
1) if the sheriff does not interpret the visitation order as we do, can you suggest a statute for Arkansas we can use to coroborate visitation being defined by school district?
2) should we expect some tangible report from the sherrif in her county?
3) can our call to the sheriff in any way be construed as harrassment?
4) what justification would we have for calling them to her house?

Sorry for this otherwise very simple problem, but we dealing with a very spiteful CP

Thanx again, Soc

[socrateaser]

>1) if the sheriff does not interpret the visitation order as
>we do, can you suggest a statute for Arkansas we can use to
>coroborate visitation being defined by school district?

A law enforcement official other than the district attorney, cannot lawfully interpret a court order or any provision of law -- they can only enforce the law. So, if it isn't written in the order, then the deputy will (should) back away and tell you that it's a civil matter and you will have to resolve it in court.

>2) should we expect some tangible report from the sherrif in
>her county?

If you call the sheriff to enforce your custody rights, and they show up, then they must write a report.

>3) can our call to the sheriff in any way be construed as
>harrassment?

Anything's possible -- depends on the circumstances.

>4) what justification would we have for calling them to her
>house?

If your order grants you custody on a specific date and time, and the other parent refuses to adhere to what is obviously ordered, then the sheriff can be used to enforce the order. The problem is that these things can be quite ambiguous out in the field. In your case, if it is not actually ORDERED that the standard plan will be used to define Spring Break, then the sheriff cannot lawfully interpret your order to include that definition. It becomes a civil problem and you will need to obtain a clarification order from the court.

[bananas]

"If you call the sheriff to enforce your custody rights, and they show up, then they must write a report".

Not always true:  I am a police officer.  If someone calls me for this reason and I respond to the call, I am NOT obligated to write a report.  In fact, I won't write one unless one of the parties specifically asks me to.  In that case I will, but if they don't ask or if there are no special circumstances surrounding the call, I won't.

Just an FYI, so you don't go into it assuming a report will automatically be written.  It may be different in some areas, but if it were me I would definitely ask the responding officer about that.  Good luck!

[ArkStepMom]

Thanx B-already seems like the chips are stacked against us to call police in this instance-we'll spare ourselves looking like fools and giving her a valid reason to cry harrassment this time (amidst her gazzillion unfounded cries of harrassment!)

Arkmom

[socrateaser]