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The Games continue...

Started by dipper, May 18, 2006, 06:33:52 PM

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dipper

Soc,

The judge reversed custody to me on Monday, May 15th.  However, son has to remain with BM until school lets out - June 16th.  

Until then, I still have my visitation rights.  Court order allows for three weekends per month.  Mother's day is to be with BM, father's day with me.........Holidays are outlined by odd/even numbered years: BM is to have son "the holidays of Memorial Day, etc......

Okay, so BM kept son all weekend of mother's day.  IN talking with her tonight, she stated that she will not bring him next weekend, because she has him for that weekend also as it is Memorial Weekend.

When I asked if she was planning on taking another weekend from me, she hung up.

I called back, she answered and I told her that she needs to act her age and stop hanging up every time we talk.  I also told her that the court order gives her Memorial DAY, not all weekend and I still get three weekends.

She told me that I was NOT getting him all weekend.

Soc, when we had trouble last year over Labor Day, my lawyer said the court order only specified the day of the holiday, not the weekend surrounding it...

Am I correct in interpreting that she is only ordered the day - not the entire weekend?

I do not want to lose another weekend - can I file anything tomorrow to block her from withholding visitation again?


Could I (or would it be advisable) to send her a letter stating that if she goes through with her intent to violate the order, I will take this as agreement to trade off 4 days of her summer visitation with son as she has effectively denied me a total of 96 hours visitation?




socrateaser

>Am I correct in interpreting that she is only ordered the day
>- not the entire weekend?

It's ambiguous as you post it. I'd need to read the exact text of the order, and I'm betting it's still ambiguous.
>
>I do not want to lose another weekend - can I file anything
>tomorrow to block her from withholding visitation again?

You can move for a clarification order, on grounds that mother is unreasonably interpreting the order so as to frustrate your access to the child.

>
>
>Could I (or would it be advisable) to send her a letter
>stating that if she goes through with her intent to violate
>the order, I will take this as agreement to trade off 4 days
>of her summer visitation with son as she has effectively
>denied me a total of 96 hours visitation?

No. The parties must observe the order and if a party fails, then the recourse is a contempt motion, or clarification motion which could include a request for make up time.

If you try to impose your notion of some implied agreement, you are doing the same as your ex -- making it up as you go along so to suit your personal needs. All of which will just keep the fires of war burning.