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If visitation doesn't start at CO time...

Started by Crockpot, Jul 17, 2008, 05:21:14 PM

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Crockpot

CO states NCP weekend parenting time starts at 5pm on Friday.  If NCP can't get the kids until Saturday AM does CP have to make the kids available at that later time?

I hope my question make sense...




tigger

to be with her so she shouldn't have made plans with them.  OTOH, if she made plans that didn't include them and then had to include them because they didn't go the night before, I can see where it might be difficult to make them available if her plans included going out of town.
The wonderful thing about tiggers is I'm the only one!

Kitty C.

Mainly on why the NCP cannot pick the kids up on Friday.  If it's because it's something the kids are doing with the CP, then I would venture to say yes.  In this scenario, the CP is 'withholding' the children from the NCP during the NCP's regular parenting time and, if the parents agree, allowing a different p/u time is whatever can be negotiated.

If it's because the NCP can't be there until Sat. am (for whatever reason), then it would depend on if there's a provision in the CO for it.  In DH's, if he doesn't have SS picked up within 30 min. of the scheduled p/u time....and does NOT inform BM that he will be late.....then he forfeits his parenting time.  But if he calls within 2 hours of the p/u time to let her know he will be late, then she has to turn SS over to him, regardless of the time of eventual p/u.

Check your CO very carefully for that type of provision.  If there is none there, then it will depend on whether the CP is willing to allow the different p/u time and it's whatever the NCP can negotiate with the CP.  But if the CP won't allow it, the NCP won't have a leg to stand on, since there's nothing in the order that specifies this type of circumstance.
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

Crockpot

It's not addressed in the CO if NCP can't make pick up time.  It just says parenting starts at 5pm on Fridays and ends at 7pm on Sundays.

I was just interested to know if there's a general rule that if the NCP parent has a block of time and he/she can't take the kids at the start time do they lose the rest of the time in that block.  

Kitty C.

If it's not addressed in the CO, then it will be dependent on what the NCP can negotiate with the CP.  And if the CP won't compromise and refuses to allow the kids to come, then you're SOL.

The best advice I can give, short of making sure that you include it in any future modifications, is to talk to the CP as SOON as you know there is the possibility of being late, no matter how long that might be.  Emergencies can always happen...and in those instances, there isn't much you can do...but if you have enough forewarning, contact the CP as soon as you know.  We had that happen one time, and BM already had plans for that night.  DH wan't going to get off work in time.  DH told BM that the only way we could get SS on time is if I came to get him (at that point, BM still hated me).  So I guess BM's desire to get away overrode her hatred of me and she let me pick him up!  
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......