question......input requested.....

[mistoffolees]

Sorry, but I think YOU need to re-read it. "Scheduled periods of parenting time shall not be delayed or denied because a child has other activities (with friends, work, lessons, sports, etc.). "  is pretty clear. It says that parenting time takes precedence over activities.

Furthermore, it says simply that they have to discuss activities - which leaves WHICH activities are allowed completely open.

Even worse, the courts have a very long history of not wanting to get involved in telling parents how to parent. As soon as the court starts saying "you have to have the kid attend football practice", they've started down a long and very slippery slope. One of the principles of parenting is that the PARENT should decide what's best for the kid, not a judge who doesn't know the kids.



>His attorney has already said he can file contempt charges so
>the attorney at least thinks he's got a shot at winning.  Of
>course, we all know the judge can do anything he/she wants,
>but, if the judge knows the BM has a pattern of doing stuff
>like this he/she just may lay the smack down on the BM.
>

I don't put much faith in an attorney saying "go for it". My ex's attorney was constantly filing motions that had NO chance of winning just to ramp up his fees. Furthermore, exactly what does the attorney say you can file contempt charges for? It could be that he's suggesting contempt charges for PAS or for something else.

I just don't see a big enough chance of winning the above battle to make it worthwhile.

You asked for an opinion and that's mine. I could be wrong, but if you're going to ask people to help you, you ought to at least give their position consideration instead of just throwing it out because it doesn't agree with you.

[Kitty C.]

The way I read it, he never has denied the BM her visitation, he's just asking her to take the child to his actvities during her visitation, which is specifically outlined in the order.  She is in contempt because she is refusing to take the child during her visitation, which is in direct violation of the order.

JMHO.............

[mistoffolees]

>The way I read it, he never has denied the BM her visitation,
>he's just asking her to take the child to his actvities during
>her visitation, which is specifically outlined in the order.
>She is in contempt because she is refusing to take the child
>during her visitation, which is in direct violation of the
>order.
>
>JMHO.............

As I said, I don't think your reading is a clear interpretation. The middle section says that they have to discuss activities. Without specifying what activities are involved, I don't think that order is enforceable.

[krazyfamily_6]

BM has never been denied any type of visitation with our son.  In fact, I have given BM extra visitation outside of the court order as well.


My attorney did state that BM is in violation of the court order which states that  the parent who has the child during a scheduled activity is responsible for attendance and transportation.  

BM agreed to all of this when she signed the custody agreement.  What it boils down to is that she had something else she wanted to do that day, it didn't include our son because he was at her parent's house, and I had already told her that if she couldn't get him to practice to let me know and I would pick him up........she just didn't want to be put out by taking him.  

I do appreciate everyone's input and advice on this issue.  I wanted a different perspective on this just to see what others thought.  

I do not feel that extra curriculars are more important than my son seeing his mother.  She is also not against our son being involved in activities and when she was the residential parent, our son played football and baseball.  BM just doens't want to have to TAKE him to games or practice........she has better things to do with her time.  When she was residential, I was the one who took him to all of these functions.
This isn't about taking time away from BM at all.  She still gets her time.  This is about my son busting his butt every single day at practice and wanting to play football very badly........and then NOT getting to play because BM refused to take him to practice and then brought him late to his first game.  

[krazyfamily_6]

We did discuss the activities in advance.  BM has had a schedule for almost a month now.  

BM was aware that the only way I would give her this extra week of parenting time was if she agreed that she would get our son to practice every day.  

My attorney says this order is enforceable.  She isn't big on going to court for no reason.......she prefers to NOT take cases that don't have any basis.

We just signed this final order in March and BM has done nothing but disregard every last order in place.  I follow the court order and she needs to as well.

[ohu812]

I am also the custdial father and have these same issues. You can roll the dice in court and probably have a good case but nothing will change after. There is a reason you are CP and I wouldnt expect her to ever comply. She gave you her goal of all this "you arent going to control her" I hear this from my ex all the time. In time your child will get tired of missing out on everything and listening to her pitty party. Women like her (and my ex) are self centered and want to be in control of the situation. When there is no drama or game left in it she will hit the road. In my experience I win the contempts but she doesnt change so now we go specifically by the court order, when there are extra activities I ask her in front of the child if she will take her (then if she doesnt take child it is her lie), I follow the court order to the letter and she follows none. I have also been burned on the compromising (extra time) but I learned my lesson and now she gets nothing extra. Unfortunately some parents only care about themselves and someday the child will get tired of it.