any advice to handle this---kinda long

[mmrscupcakes]

This is taking place in Williamsburg, Virginia---Williamsburg/James City Courts.  Current court order is  3 different orders in one.  Last court order dated May 5, 2002.

Court order reads--- "that sole and legal  and physical custody is granted to father (his name) .  Visitation is granted to mother (her name),

during the school year as previously ordered in the mediated agreement dated 08/29/99  and in the consent order dated 08/30/99, which are incorporated and made part of this order.

Summer visitation is ordered as set forth in the agreement adopted in the consent order dated 08/30/99.

Now the consent order(08/30/99) reads---- The father shall have custody of the minor children  beginning the date of school termination, june 16, 1999  though June 27, 1999 at 5:00 pm.  

The children shall then be in the custody of their mother from june 27, 1999 at 5:00 pm each weekday untill 4:00 pm on Friday when the father shall have custodu through each weekend in july 1999.

The Father shall have two weeks of uninterrupted time with the children  beginning July 30, 1999 at 4:00 pm throught Aug 16, 1999 at 5:00 pm.  The mother shall have two weeks uninterrupted time

beginning Aug 16, 1999 at 5:00 pm though Aug 30, 1999 at 4:00 pm.  

Now the mediation agreement (08/29/99) (which has been incorpaorated into the latest court order dated May 5, 2002)  it reads---- SUMMER BREAK

The children will spend 30 days with their mother every summer.  This will occur the month of july each year.  During that period of time the children will spend the following times with dad.

The children will be with dad  from July 3 at 6:00 pm untill 4:00 pm on July 4.

The second weekend in july the children will be with dad from 6:00 pm on friday until 6:00 pm on sunday.

The last 2 weeks in july, mom will have uninterrupted time with the children.  Dad will have  two weeks uninterrupted time with the children in Aug of each year.  In 1999 the fisrt 2 weeks of Aug will be dads time.

Now  it   also reads----In 1999 the summer schedule will be as follows, so (minor child name here) can attend summer school.  If the children  have to attend summer school, the parents will follow  the schedule established  for 1999 in future years.

Dad will have the children the weekend following school dismissal, until SUnday before summer school starts. Mom will pick up the children that sunday at 5:00 pm.  The children will be with their mother from that day until JUly 30.  

The children will spend each weekend with dad from friday afternoon untill sunday afternoon.  DAD will have the first 2 weeks in Aug 1999 for vacation.

Mom will have the last 2 weeks in Aug 1999 for vacation.

This is what happen this year--mom picked up kids July 1.  Dad had them the 3rd and part of the 4th of July. AT no other time did dad get the kids in JUly--mom took her 2 weeks uninterrupted time the last 2 weeks in july.. Mom had kids until July 30, 2004 returned them to dad  July 30.

Mom picked up kids aug 20, 2004 and keep them nutill Aug 30, 2004.
Hubby filed a show cause for her not returning them on Aug 22 after regular visitation.  


MY questions
1.  Do you  or can you understnad how all  3 of these orders work together?

2.  The children did not have summer school  this year , 2004, yet mom followed the summer school schedule--isnt she in contempt  ?

3. Did a show cause--but judge said mom was right, dad told to get over it (exact words from the judge).  DO you see anything wrong with this?

4.  Judge has stated a few times on how well he know this moms  boyfriend,   what can my husband do to  get this judge to step down so he can finally get a fair hearing ?

 This judge also hears her case for child support and she has remained in arrears of more than $10,000.00 for the past 2 years.  We believe hubby is not getting a fair shake at this and any help or advice will be greatly appericated
Thanks,
amry

[socrateaser]

>MY questions
>1.  Do you  or can you understnad how all  3 of these orders
>work together?

Yes, as well as this lously spagetti language allows anyone to understand it.

>
>2.  The children did not have summer school  this year , 2004,
>yet mom followed the summer school schedule--isnt she in
>contempt  ?

My reading of the order give mother the last two weeks of August, whether or not there is summer school.
>
>3. Did a show cause--but judge said mom was right, dad told to
>get over it (exact words from the judge).  DO you see anything
>wrong with this?

No. Dad is wrong, unless you can convince me that I'm misreading the orders.

>
>4.  Judge has stated a few times on how well he know this moms
> boyfriend,   what can my husband do to  get this judge to
>step down so he can finally get a fair hearing ?

If he said this on the record and it was transcribed by a court reporter, then you can file a motion for recusal based on potential conflict of interest. If not, then you have no proof and your motion will be denied.

> This judge also hears her case for child support and she has
>remained in arrears of more than $10,000.00 for the past 2
>years.  We believe hubby is not getting a fair shake at this
>and any help or advice will be greatly appericated

If you want help with this issue, then you need to post the facts re child support arrears, and ask questions.

[mmrscupcakes]

Socrateaser,
                Thank you for your answers.  I understand where all see that she get the last 2 weeks in Aug.  But what about the Statement  in the order that says  " If the children have to attend summer school, the parnets will follow the schedule established for 1999 in future years"  ?


So I am assuming that the newest court order over see what that statement says, correct ?

And as far as things being said on court record,  The family court here does not have a Court reporter  that sits there and takes every word ( I can't spell her/his title) , so all that hubby has is witness to state this fact.  NOt sure if that is any good.


As for Child support---the order just says" MOMs name   is order to pay the amount of $226.00 a month child support and $100.00 a month towards arrerars."  That if  followed by the state code of virginia for child support.

!997  hubby was awared child support and it was noted in his divorce decree that she was already in the arrears of $7, 546.00.  and that the above statement followed.

And it unbelieveable that the state has her in court every three months  ( and I mean every three months for the last 3 years)  just to keep telling her she is under a court order, but yet  has never had any kind of punishment for failure to obey.

Can you think of any reason  why this is no punishment enforced  after 3 years ?

Hubby is not trying to take anything away from her, she has every right to see her children.  But hubby does believe that the free time  shoud be spilt evenly between them.  Him having sole custody ( which doesnt mean a whole lot)  should not be held against him.   Thats my opinion.  Thank you for your  thoughts and input  with this mixed up court order.  
Mary

[socrateaser]

>Socrateaser,
>                Thank you for your answers.  I understand
>where all see that she get the last 2 weeks in Aug.  But what
>about the Statement  in the order that says  " If the children
>have to attend summer school, the parnets will follow the
>schedule established for 1999 in future years"  ?

In every possible scenario, my reading of the order grants the mother the last two weeks of August -- summer school or not.

>
>
>So I am assuming that the newest court order over see what
>that statement says, correct ?

No, but the combined effect of all of the orders is that mother gets the last two weeks of August in every circumstance.

PS. I believe that you intended to use the word "overrules", rather than "over see".

>
>And as far as things being said on court record,  The family
>court here does not have a Court reporter  that sits there and
>takes every word ( I can't spell her/his title) , so all that
>hubby has is witness to state this fact.  NOt sure if that is
>any good.

In family court, a party usually must pay for a court reporter if he/she wants a record of the proceedings. In the future, you may want to pay the fee.

>Can you think of any reason  why this is no punishment
>enforced  after 3 years ?

The court is usually reluctant to punish a non-paying parent with jail time, unless the court believes that the parent has the ability to pay but refuses to do so. A criminal contempt conviction may appear on a person's background seach when seeking future employment, so by putting the paying parent in jail, you destroy that parent's future ability to obtain a good-paying job.

You could hire an attorney and seek contempt against her on your own. Then you could force the court to put her in jail to see if that would encourage her to cooperate. It's a very difficult problem.

Personally, I don't believe that parents should be jailed for refusing to pay support, unless the parent is convicted of criminal child abandonment first. But, that's just me. I certainly understand how difficult it is for you to make ends meet without necessary child support.

[mmrscupcakes]

Thank you again.  I guess hubby should just file a motion to admend or change.  This way they can have just 1 order and not 3 together. Their court order is just a mess.  We have paid for a court reporter before, not sure if any of that  statment is in there.  


We dont wanna see mom in jail either,   cuz then hubby would get nothing.  We would just like her to make an attempt to pay monthly.  
She hasn't worked in the last 5 years but  she went into business with friends of hers and they opened a store, so maybe here in the near future  she will pay  and be responsible, who knows.


What is criminal child abandonment?   My understanding is  mom leaving and never seeing or talking to the children.  Is that right or are there other types?

[socrateaser]

>What is criminal child abandonment?  

Intentionally leaving a minor child without any means of support.

Vote Libertarian.