Need opinions on interpretation

[ocean]

No, but you can give facts of her stupidity instead.... "Mother states is was not my time because xyz, but it clearly states on pg.4 of my decree dated xxx that I have parenting time on xxx"

[gemini3]

I wouldn't do either.  Why give her excuses?  Just state the facts: 

CO states on Page ____ Paragraph ______ that I have parenting time on such-and-such day.  I arrived on xx/xx/09 at 00:00 to pick them up, mother concealed the children and refused to turn them over for my parenting time.

Let her explain to the judge why she didn't.

[footballdad]

Another issue which will come up, is that I knew in advance that she planned to disobey the order, yet I took the day off work and made the all-day trip anyway.  However, if I didn't do so, she could and would have simply claimed that she had the kids waiting for me, but I never showed.  I'm sure that I can also establish that there was no situation such as the children being sick, or her fearing for their safety.  I'm not sure what's the best way to respond to this scenario when it comes up.

[Kitty C.]

'Another issue which will come up, is that I knew in advance that she planned to disobey the order, yet I took the day off work and made the all-day trip anyway.'  Huh?  Is she stupid enough to tell a judge that??  To not only outright say she had every intention of being in contempt of the order, but to also believe that you could read her mind to know that was what she intended to do, as well??

If the answer is yes to both those questions, then by all means, take it to court and let her dig her own grave....you won't have to lift a finger and it's quite possible she could hand you exactly what you want!  The only thing I'm curious about is how the judge will handle her blatant stupidity and try to figure out if it's legit or just an act! 

[gemini3]

Are you asking because you had to drive the 750 mile (I think that's what you said in a previous post) round trip knowing that she wasn't going to let you have the kids?

Ask for make-up time, and request that she be responsible for transportation of the children for the make-up time.

As far as establishing that the kids were sick, or she feared for her safety - that's going to be pretty hard to do.  I think the judge will see through any excuses she may bring up, especially considering that you have had ongoing problems with interference.

I agree with previous posters that you should ask for specific consequences to be added to the CO for interference.  Like having to pay your attorney's fees, provide make-up time, and provide all transportation for make-up time.

[footballdad]

'Another issue which will come up, is that I knew in advance that she planned to disobey the order, yet I took the day off work and made the all-day trip anyway.'  Huh?  Is she stupid enough to tell a judge that??  To not only outright say she had every intention of being in contempt of the order, but to also believe that you could read her mind to know that was what she intended to do, as well??

If the answer is yes to both those questions, then by all means, take it to court and let her dig her own grave....you won't have to lift a finger and it's quite possible she could hand you exactly what you want!  The only thing I'm curious about is how the judge will handle her blatant stupidity and try to figure out if it's legit or just an act! 

Yes, she really is that stupid.....but then again, she may show up with an attorney.

[MixedBag]

Yes -- file for contempt, ask for the expense you incurred when time was denied etc...

keep after mom.

[footballdad]

Looks like the ex wants to go back to court on this.  I offered to settle this, requesting that she give me makeup time with the children and reimbursement for my expenses incurred due to her violation of the order.  She told me to stop "harrassing" her (whenever things don't go her way, she goes into "victim" mode...) so the next time I'm down there to pick up my kids, I'll be filing a couple of motions. 

[ocean]

Call the court near her and see if they have the forms online or if they can mail you blank ones. YOu may be able to file by mail or drop off completed paperwork.
If she denied access...you file contempt of court. Bring a stamped copy of all orders you have....make copies to attach to contempt. Sometimes they want to see originals...
Each time, file. Make sure you get police report or buy coffee with receipt at exchange spot to prove you were there.

[footballdad]

Call the court near her and see if they have the forms online or if they can mail you blank ones. YOu may be able to file by mail or drop off completed paperwork.
If she denied access...you file contempt of court. Bring a stamped copy of all orders you have....make copies to attach to contempt. Sometimes they want to see originals...
Each time, file. Make sure you get police report or buy coffee with receipt at exchange spot to prove you were there.

Yup, when she failed to show up, I went to the police station (it's 50 feet away from the town square where we do the exchanges, due to past harassment and threats by her Springeresque family and friends.)  The officer who helped us was the same one who arrested her piece of sh-- husband when he beat up my daughter, so he already knows the situation.