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Quick (I think) Question.

Started by hisliltulip, Aug 20, 2004, 11:58:17 AM

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hisliltulip

Hey Soc!

DH was awarded physical custody of SS earlier this year, due to BM's irresponsibility and partying.

Here is how BM's parenting time reads:

Respondent will have parenting time with CHILD as follows:

a. While in daycare, BM to pick up CHILD from daycare on Wednesdays after 3:30pm and returning to daycare Thursday mornings by 9:00am.

b. After CHILD begins school, Child to be with BM after school on Tuesdays until the beginning of school on Thursdays, provided that he shall be in school on time Wednesday and Thursday.

c. Alternating weekends from Friday after school or daycare and return to daycare by the time it starts on Monday or to school by the time it starts on Monday.





SS starts kindergarten in two weeks.

So, here's our question:

In two years BM got SS to preschool on time 6 times. Therefore, we are pretty sure that she will not be getting him to school on time consistantly once he starts in a few weeks.

1.  Once she does end up dropping him off late, what would DH's next action be?





At this point DH's plan is this...

After the second documented tardy, he will send certified letters to BM, the school, and the court file (with the documented tardies attached), letting BM know that she has forfeited her right to midweek parenting time with SS.

2  Is this right, or should it be handled differently?




Thanks for your help!

socrateaser

>1.  Once she does end up dropping him off late, what would
>DH's next action be?

File motion for contempt and sanctions, and for a new parenting plan that does not include the other parent being responsible for dropping off/picking up the child at school.

>2  Is this right, or should it be handled differently?

You have NO authority under the exisiting court order to enforce its terms -- that's the court's job. If you withhold parenting time from the other parent on your own authority, then YOU will be in contempt, too, so don't do it.