quick help needed ...CP verbally denying visitation,"

[ArkStepMom]

           In a recent question to Soc, I asked what would determine "Spring Break" in our vaque CO. In summary, he said the local public school.
Based on that, we sent a letter to CP , Certified and RR as follows:
"Dear XXX XXXXX,
This letter is intended to circumvent any confusion that may arise with regards to Spring Break and its relation to my visitation with XXXXXX on the 3rd weekend of this month.
The Agreed Order states, with regards to Spring Break, "...Spring Break if separate from Easter..." and with regards to weekend visitation, "The first and third weekends of each month beginning Friday at 7:00pm and continuing until Sunday at 7:00pm."
With no clear indication, in the Order, for the duration of Spring Break, standard order recognizes it as being defined by the Local Public School District. XXXX XXXX School District calendar defines Spring Break as March 15-March 19, 2004. Your holiday visitation will conclude at 7:00pm, March 19, 2004.
I'm sure you realize that I consider my time with XXXXXX to be extremely special and valuable beyond measure.
I will pick up XXXXXX: March 19, 2004, 7:00pm, Exit XX, XXXXXXXXXXX, XX
And return XXXXXX: March 21, 2004, 7:00pm, Exit XX, XXXXXXXXXXX, XX

Thank you,
XXXXX XXXXXXX"

this evening although she left a message on our machine saying that she "denied" our letter because we had child last year for the weekend following Spring Break and "that's what we'll be going by" (last year the weekend before, was our 3rd weekend visitation, the Judge ordered make up for past denied visitation for all of Spring break and the weekend following Spring Break was child's birthday, which was ours as well---three visitations all back to back)

We need to respond to her quicklike. Anyone have any input for us

 

[Belle]

Did you send this same letter to be put in your court file as "Intent to Exercise visitation? If not next time send letter in the format from sparc web site "Return Receipt Article to her" and "court", maybe to late now. But if you sent the last letter rr and placed in court file,  your letter is fine. (but has alot of info not needed, just request visits no other info than where to find section in your CO documents. She MUST send you and the court a reply or legally she can not deny this visit. A phone call or email is not enough. If you look at my post we are having same problems but we live far away from our child and get few visit as is, so we have to get this stuff right in case we need to go to court. Cp tries to deny too but caves since it is placed in court file.

To:
From:   
Date:  XX March 2004

Notice of Intent to Exercise Visitation

As per our divorce decree/custody & visitation orders, I'm writing this notification to you as it is my intent to exercise visitation, as outlined in the court order, (page , section, paragraph ), on the following dates:


Pick up: XX, March,  place of pickup
Return:  XX, March,  place of return

Contact information:  XXX-XXX-XXXX

In advent these dates and times present a problem, please respond via return reciept U.S. mail.  If  I receive no response to the contrary, I will assume these dates are acceptable to you.  I'm sure you realize that I consider my time with XXXXXX to be extremely special and valuable beyond measure.

I look forward to seeing XXXX.

Sincerely,


your name
address
CC: Court Clerk, deptXXX,
Reference: Case #
Return Receipt Article #

well good luck, our visit starts today did not think it would happen, so glad it is!!!!
Belle
 

[BMandSM2]

BE careful on sending copies of letters to be put in court files. We did this and all letters were returned with a court order prohibiting us from doing so, saying that the file was not a receptacle.
And of course, the court allowed ex's attorney to use this against us.
Even after we tried to work out things throught PBFH's attorney and received a letter from her saying we were harassing her and if we contacted her again, she would go to the prosecutor a press charges. x(

Go figure!

[wendl]

Hopefully you live close enough to eachother.

Since she really hasn't responded to you, then go and pick up kids per Court ordered Spring Break. Usually school breaks, holidays take presedence over regular visitation.

Bring a 3rd party with you when you go to pick up the kids along with your court order if she denies, call the police. That way you will have a police report and 3rd person who can testify you were there to get the kids for your visitation.

:)