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Just occurred to me on interpreting orders...

Started by DecentDad, Apr 15, 2005, 02:40:47 PM

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DecentDad

Soc,

Sorry for machine-gun postings; many clean-up issues going on at once with me right now.

So, recall the newest conflict over interpretation of orders if "school" encompasses preschool for the clause saying Friday exchange happens "after school", else "5pm if no school."

I mentioned I have four emails from biomom referring to "school" (i.e., preschool).

And, of course, for 8 months we both acted on Fridays as though preschool was "school" before biomom decided that it isn't "school" and she is suddenly following the "if no school" caveat by keeping daughter home from preschool on Fridays and insisting on 5pm exchange.

ANYWAY, it suddenly occurred to me that our Monday exchange orders are written that I bring daughter "to school", else biomom picks her up from my home at "8:45AM if no school".

Biomom has never picked up daughter at 8:45AM on Monday from my home.  I always take daughter to preschool on Monday.  There has yet to be any objection to this from biomom.

It would seem that she and her attorney must convince the court that on Mondays, we agree that preschool IS "school" but on Fridays, they think it is NOT "school."

Attorney didn't want to stipulate to anything other than changing the orders to make 5pm the permenant exchange time.  I already filed my OSC to Clarify on it, but left out that point about Monday vs Friday (i.e., realized it too late).

1.  If I raise that final point (Monday vs Friday) at the OSC, NOW would you imagine that I'm golden?

Thanks,
DD

socrateaser

>1.  If I raise that final point (Monday vs Friday) at the OSC,
>NOW would you imagine that I'm golden?

Well, it certainly gives you a great argument. You need to be careful, because the judge is getting tired of listening to the two of you complain about everything (how do I know this -- because I'm getting tired of it!!!! LOL!).

So, you should go into court and show exhaustion, i.e., "Your honor, I apologize in advance for bringing what in my own view are issues on which Ms. X and myself should reasonably be able to reach an amicable resolution without the court's assistance. However, Ms. X continuously places obsticles in my path, for no apparent reason other than to frustrate my reasonable exercise of custody, and I don't know how else to deal with the situation."