Hey Soc- just wanted to let you know the response we got.....

[taboalien]

This is in reference to my post about visitation below where I asked about Father's Day being in addition to summer visitation... I hope you remember enough about it.


DH had a message on his cell phone about 5:30 today, where in Mr. Attorney states: "Mr B, this is Mr. Attorney, please give me a call, it's 5:30, I will be in the office another 30 minutes or so, if not give me a call first thing Monday AM.  The trip cannot be rescheduled (X- wife planned a cruise for the boys and they were to leave on the 20th- Father's Day) and it is non refundable, when you gave your letter to Mrs X you did not state you wanted Father's Day weekend, so in essence you forfeited your right to that weekend.  But if you wish to disappoint the boys, that will be on you.  I wish you two would quit acting like *dirty word* children, give me a call or give me an address so I can serve you some papers"

Mr. Attorney sounds very very angry.  :-)

What do you think about this & what, if anything should we do now?

[socrateaser]

SAVE THE MESSAGE, BECAUSE IT'S ADMISSIBLE EVIDENCE. Most cell voicemail systems have an option to resave a message over and over -- otherwise the message will be deleted in 10-21 days. Make a tape recording of the message, just in case you accidently lose it.

Based on your post of the court order, Father's day is not OPTIONAL, therefore, for the Mother to schedule a cruise in advance is prima facie evidence of contempt of court. This is a slam dunk. The statement by the attorney that you forfeited your right to the weekend is nonsense, in fact, it's an absolute lie, and you could probably have the attorney sanctioned for making such a statement to you, because he is advocating that it is OK for his client to violate the custody orders.

Of course all of the above assumes that you have accurately posted the terms of your order. If you have, then you can tell the attorney to have his client produce the kids on Father's Day or you will file for contempt.

I would call the attorney and tell him/her, "Look, I don't want to disappoint the kids, but the fact is your client is willfully violating the custody orders, and you know that she's doing it at least as as much to punish me as to reward the kids. So, if I let the kids go on the cruise, then I want a stipulated order signed before they leave, giving me ___________ (I don't know what you want), or I'm gonna file for contempt. That's my legal right, and if you think asserting my legal rights is childish, as you mentioned in your phone message, then maybe you should turn in your bar card and apply for work at the Chinese Embassy."

Maybe you should demand a ticket on the cruise ship so you can go along! LOL!

[gr8Dad]

Personally, I would KEEP the recording, and make it CLEAR that you will NOT be spoken to in that manner.  I can't BELIEVE an attorney would use such language, ESPECIALLY when he knew it was being recorded.

[taboalien]

LOL- I know what ya mean!!!!

I about fell over when I heard the message.  But in all honesty- I sensed great frustration in his voice as well.  If you could only know the whole details about his client........  she's very stubborn & bull headed and goes against the attorney on alot of things.  I"m surprised he's still representing her.

We taped the message on our microcassette recorder so that it's saved seperately from the cell phone.  I've also transcribed the message already as well.

Thanx for responding!!!