Need Help!!

[Sunshine1]

Hi Soc!

I just received a recommendation from the GAL and an order adopting her recommendation (without a hearing, parties lawyers had a conference call), judge signed away.

In short the order is insane and resembles parenting time like none I have ever seen before.  I am the CP and dad is the NCP.  the issues I had were with his new wife *sigh*  she has a lengthy mental health issue all of which is proven and documented as well as an insane amount of police reports to back it up, but the GAL didn't see anything wrong with the children being around her alone even though she has tried to end her life several times.

The new order presented to me this week has horrible pick ups and drop off times, of which I am unable to accomodate. NCP says there is nothing you can do about it, it is court ordered.  The GAL asked what the NCP what the old schedule was, he lied and and said what he wanted it to be and whaaala...new schedule.

We are also very involved with our church, ( we have been in a custody mod holding pattern since Sept. and in that time NCP chose NOT to see the children until the judge ruled in his favor....GAL saw nothing wrong with that either) In that 8 months stretch we went on with life without him.

Now my questions:

1. If I am unable to accommodate the new parenting time drop offs and pick ups, what do I do?  I have asked the NCP to modify them on our own, but he won't.  My lawyer obviously does not advise me to be in contempt of the order.

2. Old schedule was EOW and now it is EOW and Every Sunday.  How can I get my full weekends back with the children especially their right to partake in religous activities with us because NCP does not participate in any religious activities?

3. There are no safety nets in place in case there is more incidents at the NCP house during visitations, although the GAL did an investigation, of which she did a very minimal, (at best) job at looking into anything.  I swear she spent approx. 5 hours on the case. If I am truly scared for the well being of the children's safety,(while in the SM care, not NCP) even though there is an order in place, do I have send the children?

4.  Can I refuse to send them until he gives me some kind of reassurance or a First right of refusal or a stipulation that they will never be left alone with her for any amount of time??  

5. Have you ever heard of that being done in the instance of a SM being the one that is the detriment not the NCP?

Please Please Please I hope you can help, I am running out of time, money and I am going to pull every last strand of hair out soon!!

Thank you in advance!!!!!!

[socrateaser]

>1. If I am unable to accommodate the new parenting time drop
>offs and pick ups, what do I do?  I have asked the NCP to
>modify them on our own, but he won't.  My lawyer obviously
>does not advise me to be in contempt of the order.

There really isn't anything that you can do other than appeal the ruling for an abuse of discretion. If the transfer times are unreasonable because of some circumstance beyond your control, such as your employment prevents it, and the judge was aware of this, then you'd have a case -- but it will cost you plenty to appeal.

You can move for reconsideration, on grounds that the NCP lied under oath, but this will only be successful if the judge would have ruled differently had NCP not lied.

>
>2. Old schedule was EOW and now it is EOW and Every Sunday.
>How can I get my full weekends back with the children
>especially their right to partake in religous activities with
>us because NCP does not participate in any religious
>activities?

You can't, unless you can show that the children are being injured by the change of parenting time. I don't think that their lack of participation in your church activities will qualify as a sufficient harm.

>
>3. There are no safety nets in place in case there is more
>incidents at the NCP house during visitations, although the
>GAL did an investigation, of which she did a very minimal, (at
>best) job at looking into anything.  I swear she spent approx.
>5 hours on the case. If I am truly scared for the well being
>of the children's safety,(while in the SM care, not NCP) even
>though there is an order in place, do I have send the
>children?

If you believe that there is an "imminent threat to the safety of the children," then no. Otherwise, yes. But, if you claim such a threat and you are later proven to have been unreasonable in your concern, then you could be looking at a contempt order.

>
>4.  Can I refuse to send them until he gives me some kind of
>reassurance or a First right of refusal or a stipulation that
>they will never be left alone with her for any amount of
>time??

No.

>
>5. Have you ever heard of that being done in the instance of a
>SM being the one that is the detriment not the NCP?

Yes, but you have to prove your case, and so far you haven't. Do you have any witnesses who will testify to the nature of the SM's mental health, who have seen her have a meltdown.

What state has jurisdiction?

[Sunshine1]

>5. Have you ever heard of that being done in the instance of a
>SM being the one that is the detriment not the NCP?

Yes, but you have to prove your case, and so far you haven't. Do you have any witnesses who will testify to the nature of the SM's mental health, who have seen her have a meltdown.

What state has jurisdiction?


Yes, her husband,(NCP) filed an OFP on her after trying to end her life.  My husband, me, my skids aunt, a co-worker of mine.  He later dropped it after she was committed for 7 days and he revealed she has severe depression and she is bi polar.  She has also tried to attempt her life 25-30 times in a year according to NCP, not to mention she would like me dead and our kids chopped up into little pieces so we would have no reason to speak anymore.  They all admit she has these problems and has done these things and I have several police reports to back that up.(not filed by me)

MN has jurisdiction....

Also do you know where I can find the case law that states that the public has the right to police reports, I had the backwoods police dept, tell me today that the FOIA did not apply to them because they were not a government agency.  They were a city agency...HUH??

[socrateaser]

>Also do you know where I can find the case law that states
>that the public has the right to police reports, I had the
>backwoods police dept, tell me today that the FOIA did not
>apply to them because they were not a government agency.  They
>were a city agency...HUH??

You'll have to subpoena the reports. That's what government agencies expect. If you have lots of written evidence about the SM's mental state, than your attorney should have offered all of that to the court and demanded a hearing.

So, your attorney either is as backwoods as the police department, or your attorney knows the judge and knows that what you have is the best you can get. I really don't have a good suggestion other than to consult with another local attorney for a second opinion. Rural courts sometimes bend the rules rather severely.

I does seem as though you have gotten some "rough" justice.