The "bigger and better" tactic

[NeverGiveUp]

Typical situation.  Every time my children are excited about doing / going somewhere with me, their mom offers an alternative (bigger and better). Twice this year the children were invited by friends to vacation with them at specific times (In the past we have vacationed with these people and the kids had a blast).  Both times the ex offered an alternative vacation plan to take place at the exact time (bigger and better). The parents that invited the children are willing to put in writing that they did invite the children, at those specific times, and that the children were excited about going.

Also, my ex is planning on taking the children out of the state without informing me. She has further coached the children into deceiving me about the trip.  Specifically, they were told that if I found out they wouldn't be allowed to go. I certian that the tickets have already been purchesed.

1) Will the court consider these written statements as evidence that my ex is constantly thwarting my attempts at maintaining a relationship with my children?

2) If yes, is there a format that the written statements must have?

3) As a parent with joint legal, shouldn't I be made aware when my children are going to be getting on a plane and leaving the state? I would think that flight times, destinations . . . .

4) If yes to #4, is there some time frame for notification or can my ex wait until the last minute and then tell me?

[socrateaser]

>1) Will the court consider these written statements as
>evidence that my ex is constantly thwarting my attempts at
>maintaining a relationship with my children?

The written statements, if made as sworn affidavits, can be used as evidence to support a contempt or other motion filed with the court. However, at the hearing, the authors of those affidavits must appear personally to testify and be cross examined -- otherwise, the affidavits can be objected to as hearsay, i.e., an out of court statement made by someone other than the declarant, and offered to prove the truth of the matter asserted.

>
>2) If yes, is there a format that the written statements must
>have?

The following is an example. There are different customs in every jurisdiction, however what I am providing will suffice, regardless of local custom.

County of _________, State of __________) s.s.

I, WITNESSNAME, after first being duly sworn, do hereby depose and say as follows:

1. That I am a witness to the matters set forth herein, and if called upon, I can competently testify to each and every one, from my own personal knowledge.

2. (statement of facts)

3. etc.

4. etc.

By: ____________
WITNESSNAME
STREET
CITY, STATE ZIP
CONTACTFONE

Subscribed and sworn to, before me, this ____ day of _____, 2005,


By: _____________________
Notary Public
My Commission expires: __________


>
>3) As a parent with joint legal, shouldn't I be made aware
>when my children are going to be getting on a plane and
>leaving the state? I would think that flight times,
>destinations . . . .

No, not unless the custody orders mandate notice. Joint legal means both of you have 100% control over the children while within your custody.

>
>4) If yes to #4, is there some time frame for notification or
>can my ex wait until the last minute and then tell me?

Varies by jurisdiction, and court order.