airport drop off/pick up

[hthjones]

For the last three years, since the last court date before a magistrate, my child's mother has dropped off and picked up my daughter at a nearby airport due to the fact I live in another state.  I pay for the ticket and any unaccompanied minor fees.

Now that the mother is upset about an unrelated isssue, she refuses to drop off pick up.  This forced an added expense of me having to fly up to her state, rent a car and drive to and from their house in order to get my visitation.  Now she's insisting I do the same to bring her home.

I clearly remember the magistrate telling her to do what's necessary to get my child on the plane for her visits, but it's not in writing.

If I refuse to accompany my child home, she's ten, and her mother is still refusing to show up at the airport, who is legally right or wrong?

What are my options to get this in writing and until this is done, am I obligated to the unnecessary, added expense of having to buy three roundtrip tickets for every visit instead of one?

[Imom]

You need to post all this info on SOC. board and ask him. You will need to follow his guidelines.

Post all facts; what you co states; what you have been doing and what you have stated here.....then post your questions

With out knowing what your co states its hard to answer. We are going through something similar......

DH co states bm is responsible for transportation and the beg. of her visit dh is at the end.  (long story short)

DH wanted to fly (paying the ticket and fee) ss home come Aug. 9 for the school year.

BM refuses to take ss to the airport even though dh offered to pay for her fuel to/from the airport.....(40 mins away).
Her reason is they don't watch the kids like they do and kids are coming up missing.

Therefore dh had to file an emergancy motion to clearify and inforce the transportation provision in their co (with soc's help).....he goes to court 2 days after ss is to return.

Get this bm filed to appear by phone.....she wants to order dh to drive to her state but she is unable to drive to ours to apear and defend.

[Kitty C.]

She's already set a precedent of allowing your child to fly alone.  So get her a one way ticket, pay the UAM fee, then call the BM and tell her when the flight will be in at her airport.  And remind her that she needs to have picture ID on her to claim the child.

If she tells you she will not pick up the child from the return flight, remind her that a precedence has already been set and if need be, you will go to court to get that clarified AND in the order.  That way, if she ever tried to pull it again, she will be in contempt.  Without having it in the order right now, you can't file contempt.

[hthjones]

Since the old court case has been closed, would I be filing for a modification?  If yes, typically, doesn't the mother have to agree?  I definitely need to get it specified in the order as soon as possible - before the next scheduled visit and it takes months to get a date.  I just don't know the proper filing/request to make to the Ohio courts.

[hthjones]

I'm new to this board, so I'm not familiar with all the acronyms.  What's the SOC board?

[MixedBag]

Socrateaser's board -- separate board on this site.

Let me expand on what Kitty said...

I'd just plain keep doing what you've been doing and tell the mom to be there.

As an unaccompanied minor, if MOM doesn't show to pick her up, they'll put the child on the next plane back to you.  (Don't know who ends up paying for that ticket, but that's what they do.)

If MOM refuses to put the child on the plane to begin with, and this is what has been happening over the years, you file a "Motion to Show Cause" (or something that has a similar title), and ask the court to hold the EX in contempt of the current order because she clearly failed to send the child.

If you're not 100% comfortable in doing that -- you go get the child at that point and then file a "Motion for Clarification" and tell the court that this issue needs to be clarified because the two parties (mom and dad) are always arguing over the interpretation of the order and it needs to be clarified as to who is responsible for doing what.

In our family -- both DH's EX and my EX have done this to us and that's what we're doing and have done.   DH got make-up time but he didn't get everything he felt he was entitled too (long story), and his situation is under appeal at the Supreme Court level.  My EX threatened, and got his butt chewed in Dec 03 and it was "highly"recommended that he reimburse me the parking fees he insisted I pay.  Then he "threatened" again this last Christmas and in the end he sent him -- so I just filed a Motion for Clarification.

Well, that has snowballed quite tremendously and has not been resolved.  We're talking two more "missed" plane flights .....and court later this month.

[Imom]

a custody case is never closed until the child is 18/21 (depends on the state)..........you would be filing under your same custody case. No, the mother would not have to agree to you filing anything. She must be served thats it.

What does you custody order state for transportation word for word?

what state did the custody order (divorce?) take place?

where does the child live? if not in the same state were the custody order was ordered has the child lived in this state for at least 6 months?

[hthjones]

The order is a visitation order, the mom is the custodial parent.  All is filed through the Ohio, cuyahoga county juvenile court.  We were not married.

Unfortunately, the filed order, is vague and it does not definitively discuss transportation.  that's why i'm not sure whether to file a modification to get the wording changed to be explicit or file for clarification or file both separately.  any suggestion?

this has bee a great help, not only for information but a savings on attorney's fees.  my attorney is not cheap.  the more I can do on my own and just be sure everything gets added to my court file and the attorney's file is great.

[Imom]

I would file a clearifaction order........do you have any proof that the child has been flying this whole time......confermation printouts, copies of letters sent to bm that reflect this, etc.?

[ready4change]

You stated in an earlier post that the magistrate instructed BM to make sure the child was transported to exercise visitation.  Even if this wasn't clearly stated in the order, you can order a verbatim transcript of that court hearing (all of the court reporters transcription).  Based on that, I would file for reimbursement of all cost incurred in her failing to follow his directions.