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Preclusion From raising issues prior to existing order

Started by NeverGiveUp, Nov 07, 2004, 04:51:18 PM

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NeverGiveUp

My ex continues to leave my children in the care of a women who is not a proper care provider.  I have complained vehemently about this in previous court proceedings.  Also, my ex keeps referring to my oldest daughter as "Lazy". The child is LD and has been certified as such.

1)I understand that raising allegations prior to an existing order is not allowed.  But if she keeps doing it can I use previous court papers to show that the behavior is continues?
2)If I can, is there case law I can site


Lawmoe


Bolivar

When you eX has the children she decides how to handle the child care decision.

The eX addressing the child inappropriately, is poor parenting.


I would focus on what positive actions you can take for your child.  Going to court over different parenting styles will get you know where.

I would tackle this problem by trying to have more time with the children. (if she is agreeable).  That way you can have a positive influence on them.


lol - Remember, you got a divorce because you were not getting along.  After divorce did you realllllly think you would get along?  

In other words, going from the status of married to divorce will not change the negative conflict between two parents.

To me divorce is about not having to deal with the other parent crap on a daily basis.  I now deal with crap on a bi-monthly schedule. :-)

NeverGiveUp

I was trying to get more time, summer vacation, holidays that sort of thing.  Unfortunately the only way you can do it is by starting a major war.  Or have an ex that's not a vindictive bitter sort.  

There was some good news yesterday.  I recieved areport from a social worker indicating that my ex is using the children to frustrate my relationship with them and "not acting in the childrens best interest".  

Maybe this will help.  The GAl has been calling me every lousy bastered in front of the judge. Odd, she's never even talked to me :-(  Let's see if this report get's her thinking.

NeverGiveUp

Yes, well if my ex would even consider it might be good for me to spend time with my kids, then I wouldn't need to go to court.  I'm afraid this is one of those, "Yes, I know it's your B-day, but the kids wanted to go to circus" stories.  And as far as summer vacation "it isn't in the agreement".  Or "You didn't need to know the child was having surgery, it had to be done so what's the difference." . . . I'm sure you know the story.


Lawmoe


Bolivar

When you eX has the children she decides how to handle the child care decision.

The eX addressing the child inappropriately, is poor parenting.


I would focus on what positive actions you can take for your child.  Going to court over different parenting styles will get you know where.

I would tackle this problem by trying to have more time with the children. (if she is agreeable).  That way you can have a positive influence on them.


lol - Remember, you got a divorce because you were not getting along.  After divorce did you realllllly think you would get along?  

In other words, going from the status of married to divorce will not change the negative conflict between two parents.

To me divorce is about not having to deal with the other parent crap on a daily basis.  I now deal with crap on a bi-monthly schedule. :-)

NeverGiveUp

I was trying to get more time, summer vacation, holidays that sort of thing.  Unfortunately the only way you can do it is by starting a major war.  Or have an ex that's not a vindictive bitter sort.  

There was some good news yesterday.  I recieved areport from a social worker indicating that my ex is using the children to frustrate my relationship with them and "not acting in the childrens best interest".  

Maybe this will help.  The GAl has been calling me every lousy bastered in front of the judge. Odd, she's never even talked to me :-(  Let's see if this report get's her thinking.

NeverGiveUp

Yes, well if my ex would even consider it might be good for me to spend time with my kids, then I wouldn't need to go to court.  I'm afraid this is one of those, "Yes, I know it's your B-day, but the kids wanted to go to circus" stories.  And as far as summer vacation "it isn't in the agreement".  Or "You didn't need to know the child was having surgery, it had to be done so what's the difference." . . . I'm sure you know the story.


Feelincrazy

Or
>"You didn't need to know the child was having surgery, it had
>to be done so what's the difference." . . . I'm sure you know
>the story.
>
>
As far as this statement is concerned:

My SO's EX told my SO that she was "Cutting him out of the loop" when they were having major CS issues.  FINALLY, after her AGAIN telling him that "I will give you whatever information I feel you need", SO:

1.  Called both schools that his children attend and had them send ALL items that go home to the EX.  EVERYTHING that she gets - he now gets!  You do NOT have to put up with this sort of thing.  Just GO GET THE INFO YOU WANT YOURSELF!!  I had to convince my SO that he HAS AS MUCH RIGHT AS THE EX to this info.

BTW - He never told the ex that he did this.  Not her business.  But, just yesterday she called him.  It seems that SO's son (10yo) told mom that "dad was going to his teacher conference".  Mom called SO...

BM - DS10 says you are going to his conference next week.

SO - This is true.

BM - I didn't know you knew about the conferences.  I received the paperwork but never filled it out and sent it back.  I don't have a conference scheduled.

SO - This is why I called the schools to have them send me everything that is sent home to you, progress reports, conference schedules, everything.  I received the notice in the mail and called to set up an appointment.  Knowing that conferences were coming up, you never bothered to tell me about it.

BM - <<>>

SO - So when DD14 received failing progress reports, I received them also, signed them and sent them back to her teachers with a note asking them to contact me and let me know what she needed to do to bring up the grades.

BM - <<>>May I come to your conference?

SO - You just have to call them to set one up.

BM - <<>>May I come to your conference?

SO - The conference is at 2:45 pm on Wednesday.  If you can get off work, you can come.

END OF CONVERSATION.

You see...sometimes these people (whether BM's or BD's) need to control you.  Unless there is something in your custody/visitation order, you have ALL OF THE SAME RIGHTS.  People, I know that in a perfect world everyone would pass info along, but - guess what - no perfect world here.  You MUST take your control back.  Only you allow this to happen.  

SO's BM refused to give him information, believing she had control.  Because he had let her do this to him.  He victimized himself.  She was DUMFOUNDED that he made the decision to get what he wanted without her...dumbfounded that he took back his control.  SO believes her next move is to call the school to see if he can do this.  She will be unpleasantly surprised.

You can do this with Medical issues, also.  Unless there is something in your custody/visitation order, you have ALL OF THE SAME RIGHTS.  If she wants to make a stink, SHE HAS TO COME UP WITH A COPY OF THE ORDER STATING THAT YOU CANNOT RECEIVE THIS INFORMATION.

I hope this helped.

Feelincrazy