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Started by Gordianknot, Apr 26, 2005, 07:31:50 AM

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Gordianknot

Dad is giving me a hard time about transportation arrangements and costs associated with it in what I believe is misinterpreation of ambigious stipulations in our latest minute entry ruling:

"Therefore it is ordered that the mother shall return the child to the father's household even in the father's absence while the father is deployed in Iraq for the child to resume her schooling in [city]."

Father interprets this to mean it is my responsibility to escort our child both from his city and back...to his front door step.

1. Will I be held in contempt of court if I place my child, as an unaccompanied minor on her return trip and forward the flight itinerary to his proxy for pick-up?

2. Does this mean I'm responsible for all transportation arrangements and physical work getting her to and from his city?

As for our transporation cost dispute:

If the parties reside in the continental US, then, on stipulation, the parties will divide evenly the cost of airplane travel for the mother to have one parenting time period a year.

Dad interprets this to mean he pays for half of a one-way air travel ticket.

1. Is he responsible for paying one-half a round-trip ticket?

2. If he sends me a check for one-half of a one-way ticket for the child's air travel, can I refuse to accept the check until he meets the whole obligation or will his interpretation be satisfactory?

Soc--I've met with some serious lack of cooperation from Dad.  Initially I paid for my child's one-way ticket and mine to escort her for her first flight totaling over $700 for just pick-up.  The only expectation I had of Dad was to schedule her return trip, with months advance notice and with that much notice, he gets to choose how much his "half" will be and if he does or does not want to pay for unaccompanied minor fee.

He's been very unreasonable and it appears he's made the issue more complicated than it need be.

I need to know what any reasonable judge would think of his demands of me.  As it stands right now, Dad is attempting to hold me solely responsible for all the logisitcs, though he fights me once I make the plan, and demands I chaperone, paying for that ticket too.  Nothing in my CO stipulates there has to be a parent physically escorting the child.  I chose to pay for my ticket the first time due to my child's unfamiliarity with air travel.

Any help on how to handle in a way I won't regret it in court would be appreciated.


socrateaser

>1. Will I be held in contempt of court if I place my child, as
>an unaccompanied minor on her return trip and forward the
>flight itinerary to his proxy for pick-up?

The order states that you must return the child -- it doesn't say that you must personally accompany the child every step of the way. If the child is very young then you buy and share the cost of an unaccompanied minor ticket.
>
>2. Does this mean I'm responsible for all transportation
>arrangements and physical work getting her to and from his
>city?

The order makes no provision as to who will make travel arrangements. Without reading the remainder of the orders it would be difficult for me to definitively answer, but it's reasonable that both of you are expected to cooperate, and that if a parent makes reasonable arrangements, then the other parent will be on the hook for half of the cost if that parent fails to cooperate.

>
>As for our transporation cost dispute:

>1. Is he responsible for paying one-half a round-trip ticket?

No, he is responsible for half of the transportation costs, whatever they may be.

>
>2. If he sends me a check for one-half of a one-way ticket for
>the child's air travel, can I refuse to accept the check until
>he meets the whole obligation or will his interpretation be
>satisfactory?

I don' understand the question.

>Any help on how to handle in a way I won't regret it in court
>would be appreciated.

The most efficient way to deal with it is to get an itinerary together and then immediately contact the other parent. Then they can say yes or no and you can immediately pay for the ticket. However, if he's not cooperative, then you will probably be forced to buy the itinerary in advance and send him a bill. Then if he fails to pay one half, you will have no chokce but to file a motion for contempt.

Based on my reading of your orders, I'd say your general interpretation is the correct one, and that the father is frustrating your access to the child. However, it depends on the judge who hears the contempt motion, so at the moment I can only guess.

Gordianknot

2. If he sends me a check for one-half of a one-way ticket for
>the child's air travel, can I refuse to accept the check until
>he meets the whole obligation or will his interpretation be
>satisfactory?

I don' understand the question.

****************

Dad is attempting to pay for only 1/2 one-leg of the transportation for the child.  He is refusing to pay one-half the transporation costs for the return trip at summer's end.

He unilaterally decided he would force the issue by sending me a certified mailing with reimbursement payment for only 1/2 one-leg (child's ticket cost to fly to me, but not back) of the transporation costs for one period of my parenting time.

Am I misinterpreting the order by believing the order stipulates one-half round-trip (summer beginning and summer end)?

socrateaser

>2. If he sends me a check for one-half of a one-way ticket
>for
>>the child's air travel, can I refuse to accept the check
>until
>>he meets the whole obligation or will his interpretation be
>>satisfactory?
>
>I don' understand the question.
>
>****************
>
>Dad is attempting to pay for only 1/2 one-leg of the
>transportation for the child.  He is refusing to pay one-half
>the transporation costs for the return trip at summer's end.
>
>He unilaterally decided he would force the issue by sending me
>a certified mailing with reimbursement payment for only 1/2
>one-leg (child's ticket cost to fly to me, but not back) of
>the transporation costs for one period of my parenting time.
>
>Am I misinterpreting the order by believing the order
>stipulates one-half round-trip (summer beginning and summer
>end)?

No. 1/2 is 1/2 of the total transportation costs.