Substantial Change

[Ref]

or both?

1.Would a judge modify all future years of summer break based on a child's wishes or is it more likely that if DD were to refuse to go, they wouldn't give me the contempt?

She is so fickle and even though she might say this year that she doesn't want to spend all the summer with me, she may change her mind the next or vice versa.

If she changes her mind again, would we have to go to court again?

[socrateaser]

>
>
>or both?
>
>1.Would a judge modify all future years of summer break based
>on a child's wishes or is it more likely that if DD were to
>refuse to go, they wouldn't give me the contempt?

A judge will not force a 15 year old child to visit an NCP for summer, if the child voices her unmistakable desire not to visit. Period.

I don't know which contempt you're talking about -- the ones that you're fighting over now, or some prospective future contempt based on the child not coming to visit. If the latter, then you cannot get contempt from the mother if the child refuses to visit, because it's not the mother's willful violation of the order, it's the child, and the child isn't ordered to visit, the mother is ordered to transfer the child.

>She is so fickle and even though she might say this year that
>she doesn't want to spend all the summer with me, she may
>change her mind the next or vice versa.

LOL! REALLY? A woman who's FICKLE? DAMN!!! I've never heards of anything so bizarre in my entire life. You should get that kid on the Tonight Show! ROFLMAO!!!

Sorry, couldn't resist the opportunity to have fun.

>If she changes her mind again, would we have to go to court
>again?

If the orders are changed, then yes. If you think that the kid doesn't want to come visit, then I suggest that you contact opposing counsel and offer to stipulate to a temporary order to continue the motion for a change in parenting until springtime, and that depending upon your daughters desires at that time, you would be amenable to modify the orders to allow her to spend most of her summer with her mom.

This is not a battle that you're gonna win, so the best you can do is wait and see if the kid has something bad happen at home and then she wants to go see you. A continuance will save you time and money for a new battle on another day.

[Ref]

I don't want to get it, but I do. My ablility to be a good parent is based on a teenager's whim. Crappy, but I'll deal.

BM explicitly states that she wants to shorten this upcoming summer by 1 week and then doesn't state how short she wants the rest of the time.

1. Do you think I should agree to this summer being shortened for a week and try to get the court to decide the rest at a future time?

Thanks again Soc. You are amazing.

Ref

[socrateaser]

>I don't want to get it, but I do. My ablility to be a good
>parent is based on a teenager's whim. Crappy, but I'll deal.
>
>BM explicitly states that she wants to shorten this upcoming
>summer by 1 week and then doesn't state how short she wants
>the rest of the time.
>
>1. Do you think I should agree to this summer being shortened
>for a week and try to get the court to decide the rest at a
>future time?

Yes, and if you do it by way of a temporary order, then you want the following included:

"The parties agree and the court hereby finds that no substantial change of circumstances affecting the child's best interests has occured. However, the parties agree that this temporary order is currently in the child's best interests."