Civil rights or Human rights protection group in San Jose, CA

[sjequality]

Thanks for your help.

The supervised visitation is lifted, but the judge wants to make another temp order which I have 2 or 3 weekends per month, and some hours in the weekday while I take the Anger Management class. It seems unreasonable to take our child away from his father during this critical time. Is it possible that it may lead to "established custodial environment with the mother" after 3 months? (The child is about 2 years old). I may be wrong.

I am unsure if I have to follow the judge current order or file a motion to ask for 50/50. What can I do?

Thank you

[ocean]

If judge ordered temp visitation order, there should be another court date assigned. Get into a class ASAP, finish class, go to next court date with proof you finished and ask for more time. If no future court date, then you would file to modify the visitation as you finished class and want to increase the time. Sounds like judge gave you  the standard visitation plan (every other weekend, and few hours during week for dinner visit/after work visit).

[sjequality]

What does it mean when the court order says "Current order dated xx/xx/xx to remain in effect until first week of April 2014."?

Will the current order be lifted on 04/01/14 or after 04/06/2014?

Thank you

[ocean]

Do you have another court date already? Sounds like until the next court date or when the judge thinks you should be in again?  First week in April, to me would be until April 5th as that is the end of the first week in April, up to interpretation though. Need new court order to continue...

[sjequality]

Hi.

Last Friday, I were able to get 50/50 timeshare again.The judge made it clear that the new order would commence immediately.  At that time, the judge was not able to prepare the court order, he said it would be mailed to us.

The court order is that father will have Mondays and Tuesdays and every-other weekend as 2-2-3 time schedule.

The mother refuses to let father to pick up the child as the "will be mailed" court order on last Friday. She used previous court order and said that I violated that court order if I insisted to pick up the child this morning.

What can I do to avoid the conflict and not violating the current order? As my understanding, the current order may take up to weeks or months to be mailed.


Thanks for your help. I truly appreciate your time and effort.

[ocean]

Ugg....first send her this text or email

"As per our last court hearing on xx, the judge clearly told both of us that the new orders were effectively immediately and that we would be mailed the orders shortly. I am supposed to have xx starting xx. Please let me know when xx is available for the exchange so the new schedule starts as the judge ordered. If I do not hear back to you within 24 hours, I will be forced to file contempt of court for not following the orders that were clearly given to both of us at the hearing. Thank you"

Then call the clerk, and politely tell them (the short version) and if it at all possible can you pick up the papers as soon as they are ready as child is not being allowed to come as mother wants the orders in writing.

You prob will not be fill out contempt papers as you will get the order, faster than you get another hearing...unless you go for emergency hearing as mother is not following new 50/50 timeshare and child is not with you this week as court ordered. (Not sure if a judge will hear it on an emergency hearing). Judge will not be happy to see her again.

Is child in in daycare? Can you pick child up on your days from there? Go and get child on new days, if mom wont allow child to be there, police can write a report (they wont enforce even if you had court papers but a report will prove to judge you tried to get child if it goes to court).

Good luck!

[MixedBag]

I agree with Ocean -- kinda a gray period of time....between what's verbally ordered in court and what will get written and signed.

I almost found myself in that position a few years ago -- but the judge understood the "urgency" of the matter and I left the court with a signed order.  Then dad basically took the same stance -- old order stands until a new order is signed -- and FORTUNATELY I sent son back in the house with a copy of the newly signed order.  (Would have loved to be a fly on the wall at that time....)  For me, it was a change in custody over to me and school was starting that day, so hence the need for a signed order all on the same day.

Good luck!  Stay calm, and yep, bug the clerk.

BTW -- there have been situations -- to include my own from different hearings -- where I thought I heard ONE thing in court, and when I reviewed the video, the judge said something slightly different.  Nerves....kinda play mind games in the head many times too -- and other parents have too vented that what was said in court DIDN'T make it into the order.