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Need opinions on interpretation

Started by footballdad, Oct 08, 2009, 04:46:24 AM

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gemini3

Kitty makes a very good point - that it's only up for question if this is the first time.

You're so smart Kitty!! 


Kitty C.

Awww shucks.......now yer makin' me blush! 
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

MixedBag

I agree with Kitty -- any 3-day weekend is with Dad unless the weekend includes Columbus Day.  And if she wants you to take two-days and not Monday, I'd take it.

Good luck!

MrCustodyCoach

The easiest way to interpret the basis of that order is to take out the qualifier.

So, without the qualifier, the basic order is:

"At any time that the children have 3 days off from school, father shall have the children in his custody from the Friday of said 3 day weekend at 6pm until the Monday of said 3 day weekend at 6pm."

Now, while the qualifier is poorly worded, the intent is abundantly clear.  You're to keep the children until Monday of a three-day weekend.  The qualifier makes an exception for Columbus Day for the reasons you noted in your original post.

My only issue with the language is, what if the 3 day weekend starts on Friday?  You don't get them from Thursday?  That would be a shame.  What if it's a 4-or-more day weekend?

My recommendation is that if she intends to willfully violate the custody order and engage in custodial interference, you let her and then subsequently file a petition for contempt-of-court and for a modification of the custody order to account for every available moment where you can have more custodial time, such as I suggested.
Mr. Custody Coach - Win Child Custody "Better Prepared, Better Outcome"

*The opinions in this post are solely my own and do not represent the only way to address any particular issue.

footballdad

Quote from: Kitty C. on Oct 08, 2009, 02:06:12 PM
It's only questionable if they've never utilized this aspect of the order before.  Like if the order is only a few months old and there hasn't been a 3 day weekend come up before now.

BUT, if he has had the children for a 3 day weekend in the past and she is only now refusing to release the children to him for his court-ordered time, then she is in contempt.  Apparently she wasn't confused about the interpretation in the past if she allowed it before, right?

The parenting plan is a couple years old, but this point hasn't come up directly in the past. 

The order states that we first are supposed to try to mutually agree on dates...but if unable to agree, we default to these specific dates.

Over the past several months, she's become extremely uncooperative.  The reason for this:  her new husband assaulted my daughter earlier this year (and was convicted of it), and I filed for a restraining order out of concern for my children.  Since then, she's made every effort to be difficult and to limit my contact with the kids as much as possible. 

This is the underlying reason why she's now trying to claim the order means something other than what we both intended it to mean.  It looks as if we might have to go back to court, as she has NO respect for my parental rights or for the children to have access to both parents.  If I have to go this route, I'll seriously be thinking about modification of custody.

ocean

If the weekend is already yours then it will be easy. Keep them to Monday. Let her call the police. You have an order that states you have child/ren. Dont fight her until the kids get to you. Once you have them send her a text or email stating your parenting time is extended as per the court order. You will drop off on Monday at XX time.

footballdad

Quote from: ocean on Oct 26, 2009, 07:13:54 PM
If the weekend is already yours then it will be easy. Keep them to Monday. Let her call the police. You have an order that states you have child/ren. Dont fight her until the kids get to you. Once you have them send her a text or email stating your parenting time is extended as per the court order. You will drop off on Monday at XX time.

The problem is, they are in another state, and I will have to take a day off work and travel the entire day to get them.  She'll likely hide them (she has done this in the past.)  If she does this, I can then file for contempt.  If I don't make the trip, she'll then just lie and say she made them available to me but I didn't pick them up.

MrCustodyCoach

You have to go make an attempt.  If she refuses to give them over, be sure you stop at a store and buy something (keeping the receipt) as evidence that you were in the area in an attempt to exercise your parenting time.
Mr. Custody Coach - Win Child Custody "Better Prepared, Better Outcome"

*The opinions in this post are solely my own and do not represent the only way to address any particular issue.

footballdad

Quote from: MrCustodyCoach on Oct 27, 2009, 11:31:51 AM
You have to go make an attempt.  If she refuses to give them over, be sure you stop at a store and buy something (keeping the receipt) as evidence that you were in the area in an attempt to exercise your parenting time.

Thanks. 

Question:  if someone other than her (a friend or a family member) is hiding the kids on her behalf, are they committing any sort of crime?  Given the fact that I have paperwork entitling me to "temporary custody" of them during the time frame in question?