Brain teaser?

[wysiwyg]

See this is where I believe that anything that one might anticipate as black/white is really gray.  As we pointed out to the attorney that nothing was said about odd years that it only addresses the CP in Even years  Yes we can argue that very point in court but at what cost, only to PO a judge if he bleieves that the intent is to switch off.  The precident is that the last 2 years BM has figured out to the hour what each parent gets including going to mediation to get a schedule, but this year she refused and is now NOT going by the hours.  This is very much like birthdays in the Guidelines that state when the NCP is to have each child, but noting about CP therefore we gave up a day of our weekend for her to celebreate the child's birthday, again, believeing that the intent of the guidelines is to share between the parents.  The Guidelines also state to have all the children on each childs birthday, do we argue that half siblings get to have the conmpansionship of the Cp and NCP child on their birthday's?  

As you can see, there is so many angles to this, and in that BM is always changeing the rules, this is precisely why a case/manager mediator was assigned to this case.  But how you force one into mediation is another story as even with multiple orders for such BM still refuses to participate and That is not in the child's best interest.

Sadly the child will be leaving us tomorrow for his mother to cart him out of state without our knowledge (the child told us) and she will not tell us how to contact him or her (yes the orders specify she has to do this too) so we will probably be sitting at her place at 9 to get the child only to find him not home......................and knowing then that the reaility of him seeing his family who scheduled time off for him to be with him is not gonna happen.

[wysiwyg]

I am sure we will - but after the outcome of the hearing coming up.

[Imom]

The intent of the guidelines are to be that one year the CP gets "this" the next the NCP does......it only becomes a problem when you have these controling people that want to twist things around to fit only their WANTS.....

Just as for the birthday...........

[3] Child's Birthday.  In even numbered years the non-custodial parent shall have all of the children on each child's birthday from 9:00 A.M. until 9:00 P.M.  However, if the birthday falls on a school day, then from 5:00 P.M. until 8:00 P.M.  

 

In odd numbered years the non-custodial parent shall have all of the children on each child's birthday on the day before the child's birthday from 9:00 A.M. until 9:00 P.M., however, if such day falls on a school day, then from 5:00 P.M. until 8:00 P.M.            



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Now say its your weekend and the child's b-day is Sat........and its the odd year then the Mother is to have the child from 9AM-9PM on the child's birthday. Now as you can read the guidelines do not STATE that but if you read between the lines its there and trust me you wanna make a judge mad.........deny the access to the parent!!!!!!!!

Thats the reason the IPG's only refer to the CP in the x-mas vacation because the cp is to have the 1st half of x-mas vacation in the even years......the ncp gets the 2nd half........well in odd years that flips the NCP gets the 1st  and the CP gets the 2nd half......

When doing this I think they took into account the fact that the NCP gets New Years in the even years......IE this is the NCP's year for New Years Holiday.......with it being split this way you don't get 8-9 days in a row....

[Imom]

She really does NOT have to tell you she has to 1.) tell you.....2) provide you with the contact of a 3rd person that knows where she is......

5.  Emergency Notification.  For emergency notification purposes, whenever a child travels out of the area with either parent, one of the following shall be provided to the other parent: An itinerary of travel dates, destinations, and places where the child or the traveling parent can be reached, or the name and telephone number of an available third person who knows where the child or parent may be located.

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If she has a cell phone and you know that number tec.......she IS covered......so no contempt on that part.

[wysiwyg]

Lucky,

You are right, but in dealing with BM objectively goes right out the window, BF has to protect himself somehow.  

For the last 2 years BM has insisted upon mediation in order to divide the break right down to the hour, but this time she is not, thus throws a monkey wrench our way.


BF contends that no matter what the guidelines say, all court orders say that if the parents do not agree to the specifics of them, they are to go to mediation, and this obviously is a disagreement on how they are to be applied.  So that is where I believe we have the problem and can use the contempt, not the hours or days, but the agreement that she insisted go to the attorney's when the order specifically states that the reason to use the mediator was that it was too costly than using the attorney's and that this case was heaviliy litigated.  Have email form BM just hours before the vacation began that she adn BM obviously were in disagremeent .............but BK is not the ones with 4 contempts now for parenting time violations.

[lucky]

Good luck.

Of course she would want mediation when it's in HER favor, funny how that works, isn't it?

So, on a good note, what's Santa bringing?

[em]Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip.
- Will Rogers[em]

[wysiwyg]

For me or the kids?  LOL

For me, Santa is brining all teh kids home for the holidays, errrrrr after the holidays.  Oldest Dau is in the army and could not get leave until tomorrow so she and grandson will be home tomorrow (again since BM did not alllow child to be here he will not get to see his older sister and nephew, they are real bro/sis too not steps).  Oldest son will be home sometime this week as well.  He is mil also but can not nail down a date unless he can get someone to cover his guard duty.  Hopefully with all this- we can get all kids together even for a few minutes to see each other and I can take pictures.

Kids got some Sims games, PS2, clothes youngest dau got girlie things.

Since we did xmas yesterday to give kids tme to play the games and PS2, SS is leaving in a few hours not to return so it will be quiet here today, probably watch a Christmas Story over adn over again!  LOL I love that moive!

Merry Ho Ho!