specific parenting plan including extracurriculars

[kevkermit]

I am seeking input on what I can include in parenting plan so that our children can attend sports and other social activities without the ncp causing problems and not allowing the children to participate.

Current order states:  that the cp can enroll children in extracurricular activities and ncp is urged to participate.  If extracurriculars interfere with ncp's time makeup time is allowed on the alternate sundays not to extend beyond 8:00pm.

Anytime that ncp seems to want to agree on something, the ncp insists on having the children until 9:30pm on the alternate Sundays which I have agreed to 9:00 pm but I feel I shouldn't have to keep giving into the ncp's every demand.  School nights I feel 9:00pm is late enough.

ncp is making things very difficult and totally denied our children the opportunity to particpate in football and basketball this year.  


Please offer suggestions as to what I might be able to get included in order.

Thanks in advance.

[socrateaser]

>I am seeking input on what I can include in parenting plan so
>that our children can attend sports and other social
>activities without the ncp causing problems and not allowing
>the children to participate.
>
>Current order states:  that the cp can enroll children in
>extracurricular activities and ncp is urged to participate.
>If extracurriculars interfere with ncp's time makeup time is
>allowed on the alternate sundays not to extend beyond 8:00pm.
>
>Anytime that ncp seems to want to agree on something, the ncp
>insists on having the children until 9:30pm on the alternate
>Sundays which I have agreed to 9:00 pm but I feel I shouldn't
>have to keep giving into the ncp's every demand.  School
>nights I feel 9:00pm is late enough.
>
>ncp is making things very difficult and totally denied our
>children the opportunity to particpate in football and
>basketball this year.  

According to your facts, the parenting plan already prohibits the ncp from keeping the kids past 8:00pm. So, if the ncp is keeping the kids until 9-930, then that's contempt. Next time go pick up the kid at the correct time, and have some disinterested person standing there with a video recorder. State the time and ask for the kids. If you're refused, call the police, and ask them to come out and enforce your rights under the court order. Keep the recorder running, and you should have sufficient evidence to have the other parent sanctioned by the court.

There's no real way to prevent someone from playing with the order, other than to try to make it as specifica as possible, and then if someone deviates, file for contempt.

[kevkermit]

The ncp hasn't kept the kids past 8:00pm however is being insistant that the makeup time will be until 9:30pm or else there is no agreement on anything.  What we are dealing with here is our sons drivers education classes which interfere with his Friday and midweek time.

Not only this neither of our children were allowed to play football or basketball this year because summer practices interfered with his time and he wouldn't allow them to attend practices unless I drove all over the state of Michigan wherever they were camping, picked the kids up and drove them to practice, then returned the kids to him after practice.  VERY UNREASONABLE.

Any suggestions on a more specific order?

[socrateaser]

>The ncp hasn't kept the kids past 8:00pm however is being
>insistant that the makeup time will be until 9:30pm or else
>there is no agreement on anything.  What we are dealing with
>here is our sons drivers education classes which interfere
>with his Friday and midweek time.
>
>Not only this neither of our children were allowed to play
>football or basketball this year because summer practices
>interfered with his time and he wouldn't allow them to attend
>practices unless I drove all over the state of Michigan
>wherever they were camping, picked the kids up and drove them
>to practice, then returned the kids to him after practice.
>VERY UNREASONABLE.
>
>Any suggestions on a more specific order?

Your orders already enable you to set up extracurricular activities. Set them up, notify the other parent of those activities, and then offer make up time consistent with your order, and challenge him to violate the orders by your actions. Then, if he does, file for contempt.

Point is that a more specific order will not cause the other parent to cooperate, if the intent is to not cooperate.

Now, if your orders are impossible, because the extracurricular activities prevent the other parent from exercising custody, even as to make up time, then file for a clarification of the orders, so that the court can modify them to take this into consideration.

[kevkermit]

Thanks, I have talked with ncp on numerous occassions and asked that we meet with attorney to work these matters out and have a better order in place regarding these matters which will work for both of us. Of course this would be at no cost to the ncp and I have had no luck.  

I appreciate your input with this matter.  

Take Care

[kevkermit]

Considering addressing transportation issue as well because in the past it has been me doing all the running and then ncp receiving makeup time because the ncp refused to particpate in the extracurriculars.  If I were the ncp I would want to be involved with my children's activities.

Do you feel I would be way off asking that the ncp be resonsible for tranportation of our children to and from extracurriculars during the ncp's parenting time?  

(This would take care of the ncp saying if you drive all over the state of Michigan and take them to their practices, etc yourself then our children can participate)

[socrateaser]

>Do you feel I would be way off asking that the ncp be
>resonsible for tranportation of our children to and from
>extracurriculars during the ncp's parenting time?  

Worth a shot.

[kevkermit]

Soc, do you have any suggestions or comments regarding this motion?  
Thanks


5.   Since the entry of the Parenting Time Order dated ________, there has been a change of circumstances as follows:

a.   Minor children have not been able to attend extracurricular activities such as sports because Defendant will not assist in the transportation of the children on his days of visitation.
b.   ***** is currently enrolled in driver's education classes which run from November 1, 2005 through November 18, 2005 on Monday through Friday each week.
c.   A driving schedule will be given to the students once classes begin which will also interfere with Defendant's parenting time.
d.   That this class is paid in full by Plaintiff and Plaintiff does not ask for any monetary assistance in regards to this enrollment fee.
e.   Plaintiff has requested Defendant's assistance in transportation to and from the course on the days that interfere with visitation.
f.   Plaintiff has also offered several different alternatives in order to accommodate for any make-up time for Defendant
g.   Defendant father has refused to allow the minor child to attend any extracurricular activities such as the driver's education program unless Plaintiff provides transportation completely. (See attached letter)
h.   That the minor child has an opportunity to be involved with a ****** High school sponsored educational trip to Italy next year over Spring Break.
i.   That this trip would interfere with one of Defendant's scheduled weekend visitations and would require Defendant's signature in order to obtain a passport.
j.   That ***** will be turning sixteen years old in January (??) and has expressed wishes to obtain a part-time job which may pose problems for the parties in the future.
k.   Upon information and belief, minor children ***** and *****, have been sharing a bedroom with two other girls from Defendant's extended family and sleeping on foam pads.



   WHEREFORE, the Defendant requests the Court to


1.   Enforce the previous Order Regarding Parenting Time and allow for the minor children to attend driver's education classes and be able to attend the school trip to Italy.

2.   Set forth a specific Order Regarding Parenting Time that would take into account extracurricular activities and future opportunities for the minor children.

3.   Set forth a specific Order that specifically outlines the parties' shared responsibilities in transportation of the minor child for any extracurricular activities.

4.   or to refer the parties to a Friend of the Court caseworker for a review and recommendation to this court that will become the order of this court unless a timely objection is filed and be retroactive to the date this motion was filed.

[socrateaser]

It reads like an affidavit, not a motion. The motion portion of the motion just states what you want ordered and the ultimate grounds which, if proven, will enable the court to grant the motion, e.g.:

"Petitioner/Respondent, YOURNAME, in propria persona, hereby appears, and moves that the court order ___________, on grounds that ____________."

That's the motion. If you want two different things ordered, you say:

"Petitioner/Respondent further moves that the court order _______, on grounds that _______."

Then, you provide a declaration/affidavit testifying to facts that provide the necessary evidence, which if unopposed, will permit the court to find that you have satsified your burden of proof, and that your motion should be granted, e.g.:

In support of the above-entitled motion, I, YOURNAME, after first being duly sworn, do hereby depose as follows:

State of STATE, County of COUNTY) ss.

1. That I am the Petitioner/Respondent in the above-entitled action, and if called upon, I could testify to the matters set forth herein of my own personal knowledge.

2. State the facts and nothing but the facts.

3. etc.

4. ad nauseam...

5. Therefore, and for all of the foregoing reasons, I hereby request that the court order:

a. Be specific.
b. etc.
c. Ad nauseam...

Dated, this ____ day of _____, 2005

By: _______
YOURNAME
Petitioner/Respondent, Pro Se
ADDRESS
CITY, STATE ZIP
CONTACTFONE

Subscribed and sworn to before me, this ____ day of ____, 2005

By: ________
Notary Public
My Commission expires: ______

-------------------------------

OK, so that's how it should look. Now, it appears that you're moving for a modification of parenting orders, but not custody orders, on grounds that it is in the child(ren)'s best interests, so that's what you tell the court, assuming that this is what's required by law in your jurisdiction.

Then you recite facts to demonstrate how your requested change is in the child's best interests. And, then you tell the court the exact orders that you want.

NEVER leave anything up to the judge's imagination. Be precise in what you ask for. If you don't, you may go in to court playing baseball and come out playing ice hockey.

With all this in mind, I suggest you try it one mo' time.