VICTORY FOR KIDS, But Possible Loose ends

[Windd]

Residential placement changed to father!!!!! Paper work being drafted that will be reviewed and approved by (female)judge. Mother known to not follow court orders and very manipulative. However there are some loose ends that need to be clarified. Please review; how would you clarify the following

Mom works nights and new order will let her have the kids on her off nights, Wednesday and Thursday night. The way its supposed to work is she will pick kids up Wednesday after school, take them to school Thursday morning and pick them up from school Thursday afternoon. Friday morning she will take them to school and pick them up from school Friday afternoon. Essentially she will have the kids Wednesday evening to Friday evening and every other weekend.

There will be a right of first refusal clause entered.

It's not a question of if, but when the mother will be moving now that she has lost custody as she will no longer be able to afford rent where she is. I presume she will move back in with her mom which is 25-30 miles away from father and this will create a 1:15 hr+ morning commute and 1:15 hr+ afternoon commute ( on a good weather day and car). It will be longer when weather is not good and/or on public transportation on the days she is supposed to get them to school and from school.

How can this commute for elementary school kids be avoided? It a recipe for disaster.

What wording would you include in right of first refusal language as the essence of the right of first refusal will be difficult if not impossible to enforce? At some point the distance between residences makes the right of first refusal ineffective if not impossible.

If mom does change her off days to Friday night and Saturday night instead of Wednesday night and Thursday night(she is a slippery character and will change without letting father know) what wording would you include to state that if she changes her off night to something other than Wednesday night and/or Thursday night her visits on Wednesday and Thursday will then be null and void either the week of or the week following her normal visits?

How can mom be prevented from not letting father know when she is not working? She will say she is not working but leave the kids with someone and then go to work. How can this be avoided? What if any sanctions can be recommended?





 

[socrateaser]

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[Windd]

Mom works nights with her off nights being Wednesday night and Thursday nights. Mom will have the kids on these nights until Friday evening with every other weekend.

It's not a question of if, but when the mother will be moving now that she has lost residential custody. I presume she will move back in with her mom which is 25-30 miles away from father and this will create a 1:15 hr+ morning commute and 1:15 hr+ afternoon commute ( on a good weather day and car) for getting the kids to school. It will be longer when weather is not good and/or on public transportation.

1) How would you word document in order to keep elementary school children from
    having this type of commute?


At some point the distance between residences makes the right of first refusal ineffective if not impossible.

2)What wording would you include in right of first refusal language as the essence of the
    right of first refusal will be difficult if not impossible to enforce if distance between
    parents is 25-30miles?


Mom may change her off days to Friday night and Saturday night instead of Wednesday night and Thursday night(she is a slippery character and will change without letting father know).

3) What wording would you include to state that if she changes her off night to something other than Wednesday night and/or Thursday night her visits on Wednesday and Thursday will then be null and void either the week of or the week following her normal visits?


She will say she is not working but leave the kids with someone and then go to work.

4) How can mom be prevented from not letting father know when she is not working?
     How can this be avoided? What if any sanctions can be recommended?

[socrateaser]

>1) How would you word document in order to keep elementary
>school children from having this type of commute?

"Neither Party shall transport a child subject to this parenting plan, for a distance greater than ?? miles on any day when that child has attended school, and that same child is expected to attend school on the following day."

>2)What wording would you include in right of first refusal
>language as the essence of the right of first refusal will be difficult if not impossible to enforce if distance between parents is 25-30miles?

If you institute the distance restricting language, that should take care of the first refusal issue. The parent can't exercise the right if the distance runs beyond the maximum permitted in the orders.

>3) What wording would you include to state that if she changes
>her off night to something other than Wednesday night and/or
>Thursday night her visits on Wednesday and Thursday will then
>be null and void either the week of or the week following her
>normal visits?

I don't understand the question.
>
>4) How can mom be prevented from not letting father know when
>she is not working? How can this be avoided? What if any sanctions can be recommended?

You could give the right of first refusal to both parents, i.e., if the other parent will be unable to personally exercise custody for more than 4 consecutive hours, then you have the right to care for the child during that period of time. Other than that, trying to enforce some complex notification plan is probably overreaching and too difficult to enforce, and I doubt that the judge will sign up for it.