Blatant violation of court order..how do I handle it?

[greatdad]

I have sole custody of my 2 and 6 year old. She has visitation every other weekend. Court order specifies she meet me in a specific place at specific time for exchange. She had moved out of state so it is a 6 hour rond trip for me and the kids,just on my end. Weather is supposed to be snow turning to ice , very dangerous for driving and on national news ( location is Va.) I called her last night and it went to answering machine so I left message asking her to meet 3 hours earlier in order to not be on roads after dark when ice will make driving very treacherous.
She is refusing and saying that if it is that bad, she will return them on Monday instead. I said NO, that means the 6 yr old misses school ( in 1st grade)  and that she had ample notice of impending weather a full day in advance anmd that she is now fully aware AGAIN , so she has time to get them to me before iceing begins. She is using the weather as an excuse to not return them by waiting until it IS bad instead of leaving early and beating the storm she knows is coming.
Question is , by making her aware well in advance and by her refusing to keep best interest of children ahead of her own , what are my alternatives if she keeps them , as monday could turn to Tuesday if roads are bad enough ????

[socrateaser]

>I have sole custody of my 2 and 6 year old. She has
>visitation every other weekend. Court order specifies she meet
>me in a specific place at specific time for exchange. She had
>moved out of state so it is a 6 hour rond trip for me and the
>kids,just on my end. Weather is supposed to be snow turning to
>ice , very dangerous for driving and on national news (
>location is Va.) I called her last night and it went to
>answering machine so I left message asking her to meet 3 hours
>earlier in order to not be on roads after dark when ice will
>make driving very treacherous.
>She is refusing and saying that if it is that bad, she will
>return them on Monday instead. I said NO, that means the 6 yr
>old misses school ( in 1st grade)  and that she had ample
>notice of impending weather a full day in advance anmd that
>she is now fully aware AGAIN , so she has time to get them to
>me before iceing begins. She is using the weather as an excuse
>to not return them by waiting until it IS bad instead of
>leaving early and beating the storm she knows is coming.
>Question is , by making her aware well in advance and by her
>refusing to keep best interest of children ahead of her own ,
>what are my alternatives if she keeps them , as monday could
>turn to Tuesday if roads are bad enough ????

Could be contempt. But, how do you prove that you discussed the matter with her. Suppose she says, "The roads were bad, so I kept the kids for their safety." You won't be able to prove otherwise, unless you can prove that your advance conversation was held.

Proof is everything to a contempt action. Proof beyond all reasonable doubt.

[greatdad]

>>I have sole custody of my 2 and 6 year old. She has
>>visitation every other weekend. Court order specifies she
>meet
>>me in a specific place at specific time for exchange. She
>had
>>moved out of state so it is a 6 hour rond trip for me and
>the
>>kids,just on my end. Weather is supposed to be snow turning
>to
>>ice , very dangerous for driving and on national news (
>>location is Va.) I called her last night and it went to
>>answering machine so I left message asking her to meet 3
>hours
>>earlier in order to not be on roads after dark when ice will
>>make driving very treacherous.
>>She is refusing and saying that if it is that bad, she will
>>return them on Monday instead. I said NO, that means the 6
>yr
>>old misses school ( in 1st grade)  and that she had ample
>>notice of impending weather a full day in advance anmd that
>>she is now fully aware AGAIN , so she has time to get them
>to
>>me before iceing begins. She is using the weather as an
>excuse
>>to not return them by waiting until it IS bad instead of
>>leaving early and beating the storm she knows is coming.
>>Question is , by making her aware well in advance and by her
>>refusing to keep best interest of children ahead of her own
>,
>>what are my alternatives if she keeps them , as monday could
>>turn to Tuesday if roads are bad enough ????
>
>Could be contempt. But, how do you prove that you discussed
>the matter with her. Suppose she says, "The roads were bad, so
>I kept the kids for their safety." You won't be able to prove
>otherwise, unless you can prove that your advance conversation
>was held.
>
>Proof is everything to a contempt action. Proof beyond all
>reasonable doubt.
>

I am in Va,a 1 party state and I have my message the night before plus my conversation with her on Tape.

Do you think CPS would consider this as neglect or abuse ?

[socrateaser]

>Do you think CPS would consider this as neglect or abuse ?

No.

[Dez]

Your thread title is misleading. I don't see how it could possibly be a violation of the court order when the NCP is just exercising their visitation as ordered. (Dates, times, etc.)  

As a NCP myself, I value each and every minute I have with my child. The only way the CP is going to infringe on my time with my child is by offering compensatory time...period.

You are the CP and already have the children the majority of the time. Consider yourself very lucky.

[mistoffolees]

I agree with your comments.

Sometimes it's better to put yourself in the other person's shoes before starting a fight.

[Mamacass]

I don't want to take up space on Soc's board, but I want to comment, so I'm starting a post on the General Issues forum titled "Blatant Violation moved from Soc's forum"