Visitation.

[I cry_ in_the_dark]

Last November, my X gained custody of our two children.

Part of my custody order states that I have visitation, "Every other Wednesday after school until 8:00 PM.".

Last year, my girl rode the bus to my house after school on that day, and would arrive at 2:30 PM. For what ever reason, my X refused to allow my son to ride the bus to my house, so he or his new wife dropped him off at 3:40 PM.

This year, my 13 year old girl is in high school and he is refusing to allow her to ride the bus to my home. This is something she wants to do, as it gives her 1 1/2 hours of alone time with me before her brother gets here to do school work etc. He is insisiting that instead of riding the bus to my house, I drive to pick her up at his house. As well, I'd be perfectly willing to pick my kids up directly from school.

I have had enough and my kids are very upset.) I am pro se. My girl is very upset that she is losing this time with me, as we have always concentrated this time on doing homework. Her grades are now slipping from straight A's because they won't/can't help her.


Also, he is now refusing to deliver my son to my house. He is insisting that after picking my girl up at 2:30 PM that I return to pick up my son at 4 PM.

I have offered to pick both children up directly at the school. He is refusing that as well.

1. Is my X not in contempt of court? (After all, my court order says "after school". It does NOT say one hour after school, or 2 hours after school.)

2. If he is in contempt...my question is... do I advise him via letter that if he doesn't do something to correct this situation that I will in fact file contempt charges? Or do I just go ahead and file the charges( along with other miscellaneous "contempt" items.

3.Would I be within my rights...to arrive at the school tomorrow to pick my children up with my court order in hand?


Thanks Soc  ;-)

[socrateaser]

>1. Is my X not in contempt of court? (After all, my court
>order says "after school". It does NOT say one hour after
>school, or 2 hours after school.)

Yes, contempt.

>
>2. If he is in contempt...my question is... do I advise him
>via letter that if he doesn't do something to correct this
>situation that I will in fact file contempt charges? Or do I
>just go ahead and file the charges( along with other
>miscellaneous "contempt" items.

You specify your complaint in the letter and describe how you suggest he should resolve it, and state that if he does not comply with the conditions of the order by X date, that you will file a motion for contempt.

>
>3.Would I be within my rights...to arrive at the school
>tomorrow to pick my children up with my court order in hand?

Yes, but I'd notify your ex of your intent so that there will be no panic that the child has been abducted.