50 mile rule

[jsi21063]

CP and NCP reside in GA.

At last court appointment, paperwork changed to indicate that "if the residences are 50 or more miles apart, the two parties shall meet halfway between the two residences to exchange the child(ren)".

I recently moved and our residences are now 50+ miles apart.

Today is the first weekend with the 50 mile rule in effect.

Primarily, CP told me that 50 mile rule only pertained to holidays and that she would not meet me.  This is not true, the paperwork states that this pertaines to all "set" visitation.  

Next, she stated that since I, the NCP moved, the rule didn't apply.  Again, no mention of this in the paperwork.

She is refusing to meet me based on these two reasons.  She also stated that I have from 6-7 PM to pick up the children from her residence or forfeit my weekend.

1. Do I have to pick up the children from her residence or forfeit my weekend with the fact that the 50 mile rule is in the paperwork and in effect?

2.  I do have her statements recorded (applicable in my state).  Would this prove her denial of my visitation if I go to the halfway point and wait for the court ordered 1 hour?

3.  How can I prove that I waited at the halfway point for one hour?

4.  I'm worried that if I pick up the children from her residence that the judge will view that as my willingness to forego the 50 mile rule in the future.  Is that possible?

5.  What are my options?

Thank You.

[socrateaser]

>1. Do I have to pick up the children from her residence or
>forfeit my weekend with the fact that the 50 mile rule is in
>the paperwork and in effect?

All of my answers will be based on your interpretation of your court orders. If you want me to interpret your court orders to ensure that you're interpretation is correct, then you will need to post the EXACT text of your orders.

With that said, yes, you must pick up your kids, because if you don't, then you won't have them, now will you? Can you get the time made up? Is this contempt by the other parent? Maybe -- depends on the exact text of your current court orders.

>2.  I do have her statements recorded (applicable in my
>state).  Would this prove her denial of my visitation if I go
>to the halfway point and wait for the court ordered 1 hour?

Yes, but it may not prove contempt, because if the other parent reasonably believes that she is acting in accordance with the present orders, then she is not willfully and with conscious disregard violating those orders -- rather, she is willfully violating them "without" conscious disregard, because she believes that the current orders do not require a different result.

>
>3.  How can I prove that I waited at the halfway point for one
>hour?

A couple of receipts from a mini mart showing the time and date.

>
>4.  I'm worried that if I pick up the children from her
>residence that the judge will view that as my willingness to
>forego the 50 mile rule in the future.  Is that possible?

No.

>
>5.  What are my options?

I advise that you pick up the kids at their mom's and then file a motion for clarification and enforcement, so as to remove the issue from any future argument. This is a control issue, and you both are attempting to show the other person who's "boss." It's a waste of energy. Get the emotion out of the way, and deal with it as if it were just "business."