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Interpretation and advice

Started by lissa68, Apr 09, 2004, 05:12:07 AM

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lissa68


Melissa(lissa68)

Hi all, I have a question for you, and am looking for guidence.
Court order states, mind you a trial for modification is scheduled for Aug of this year to change all this, but still:

Respondent shall be granted visitation rights with the minor daughter of the parties on Saturday afternoons from 1-4. Respondent's Saturday visiations are to be supervised. Supervision shall be by either a member of Petitioners family or public official. That all costs of this action be paid by Respondent.

My questions:
1. Can Petitioner state or choose where visitation is to take place?
2. If I want to take child outside to play, with supervisor in tow, can Petitioner stop us?
3. If petitioner interferes in visitation time in any way, do I have any recourse?
4. I want to have an easter egg hunt this weekend, outside of course, as lately Petitioner says I can only see child in a small employees breakroom in a old folks home, I sent a notice of intent for visitation, stating my want to have this in a park or someplace bigger, and was told I can only see her in the nursing home, and that was final, her words exeactly.

So, what are my options?
Lissa68


Brent


>My questions:
>1. Can Petitioner state or choose where visitation is to take
>place?

Possibly, but if it doesn't explicitly say so in the decree, then probably not.


>2. If I want to take child outside to play, with supervisor in
>tow, can Petitioner stop us?

In general, no.


>3. If petitioner interferes in visitation time in any way, do
>I have any recourse?

Yes, but don't expect the courts to stand up for you. It'll be an uphill battle. The courts usually don't pay much attention to denied visitation or visitation interference. You might want to start recording your parenting time with something like the Optimal program (//www.parentingtime.net).


>4. I want to have an easter egg hunt this weekend, outside of
>course, as lately Petitioner says I can only see child in a
>small employees breakroom in a old folks home, I sent a notice
>of intent for visitation, stating my want to have this in a
>park or someplace bigger, and was told I can only see her in
>the nursing home, and that was final, her words exeactly.

You should be able to do this. Unless she can provide a good reason why not, you should be able to see the child almost anywhere you like. If the supervising party inteferes, file a contempt motion with the court immediately. Don't let them set a precedent and let them know that you will fight vigorously for your right to parent your own child.  Again, I'd look into this thing: //www.parentingtime.net.


lissa68


Melissa(lissa68)

What I have in my post is what is in the order, word for word.  So, basically, ex cannot decide or tell where visits are to take place, I can choose as to where, as long as there is a supervisor.

I am just biding my time until the trial in August, but ex is pulling off all kinds of crap, and making herself look like and idiot and will only hurt her in august at trial.

I just wanted to make sure that I understood the order correctly and that she was just trying to mess my time and stay in control for a little while yet, that is until the judge nails her for everything.

Thanks Brent.

Melissa

lissa68


Melissa(lissa68)

Now, she completely denied me seeing her, in fact she took the child out of state this weekend, I called and called and called, no answer. I did not even get to speak to the child. So I got not visitation at all.

So is my best recourse on this to file contempt of court for denied visitation?

I called the sheriff's department to get this reported and since it does not state in my order the dates of visitation they refused to file a report.

So all I have is my phone records of the calls and no video tape of the visit as I video tape it all.

Advice?

Thanks