Another RO and visitation question

[avalon]

Another RO question"


           My DHhas an RO against him ( from Thanksgiving time and issued based on lies of course--but we all say that and we're going to get it thrown out.)which states he cannot contact his ex or any of her children from a previous marriage or his own 6 YO son.

She's just sent a note in child's back pack for our weekend visitation stating that she has arranged an annual check-up and follow-up medical appointment for 6 YO son during DHs usual Wednesday visitiation time.

'She claims that she made a "dual Appointment" for the annual physical for both the 6 YO and her 16 YO daughter from a previous marriage (who DH is not allowed contact with either). she says it's the only appointment she could get (dual) in January, so if he wants to see his son, he can pick him up at 5:30. The court appointed visitation is 3:30-7:30. We're in the midst of some sticky legal battles anyway..


Of course we are not allowed contact to counter this via communication.

anyway my question is

1. Is DH within his rights to bring son to check up as it is during his time?
obviously he'd be playing with fire due to the RO if she shows up.

2. If she excludes DH in medical issues when they have joint legal custody can we take legal action?

3. Can she dictate this arrangement of alteration of the visitation?

4. my suggestion is to inform her that she can't deny the visitation and that DH can, should and will be taking Son to check-up during his visitation time and if he isn't available at 3:30 pcik-up she will be in contempt, and if she shows up at the DRs knowing this, she is forcing a violation of the RO! Right?

[wendl]

I would talk to your atty if you have one.

Then what I would do is, inform bm since sons appt is during dads time, dad will take the child to the dr's office, when you get to the appt inform the receptions of the situation and inform them that bm cannot be in the same room with you and son and that they can update her on dr visit once you leave, take the RO with you.

JMO

If she denies visitation, yes she is in contempt.  

[avalon]

Thanks!  But should we just give in? I mean she pulls this stuff all the time...from minor stuff like this instance to  "I know it's your weekend but I'm taking all the kids to Nantucket"  tough luck for you to major stuff Like I'm Taking the kid a few hundred miles away for the summer...just proclamations like she can mess with visitation any time she wants for whatever reason.

It'll make us sound petty to fight it , but darn it..she did get that horrible unfounded RO, so why should we play nice?

What do  you think?

[bananas]

I mean, how urgent is this follow-up?  If it's really important that he be there in January, as opposed to sometime in February, then maybe I would take him.  But if it's not, and it's just convenient for her because the appt is for both kids, then I would pick the child up at normal time and drop him off at normal time.  I guess due to the RO you can't really tell her what's going on, but she can't arbitrarily and unilaterally change your visitation.  If she does, you can file contempt.

She can deal with the doctor appointment later, unless it's really urgent that he have his follow-up soon.

[avalon]

He has his annual physical and a follow-up for a cough. She took him to the DR on Friday after school apparantly and said in her note to us "Although his cough sounds problematic it is not. and the DR just recommended Delsym befor e bed. The DRs appointment will be his annual, plus rechecking his cough.

BTW-the kid is sick all the time. maybe she should stop smoking.

It's not urgent, but she'll make a big deal out of it. control issues and all.

So we'll talk to our lawyer hopefully if he gets back to us!

RF

[bananas]

Reminds me of the ex, who took one of the kids in for allergy shots every week and continued to blow cigarette smoke all over.

I'll tell ya, I would show up at normal time for visitation and if she denies it, file contempt.  Hope your atty calls you back soon.

[avalon]

Yes..he's going to fax her attorney and explain that she will be in violation and that my DH can certainly take his son to his Drs Appointment. If nothing comes of that, then DH will go to get his son and then, seeing he's not there, call attorney and file a complaint.

She obviously manufactured a situation that would but DH between a rock and a hard place. with regard to the RO. and we don't want to violate that.

As the DHs attorney says, I'm supposed to be the calm, balanced one and I'm getting to the end of my rope!!