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Reinstating regular visitation

Started by oklahoma, Sep 18, 2004, 09:04:52 AM

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oklahoma

Nearly two years ago, my husband's parenting time was halted until certain stipulations were met.  We have fulfilled those stipulations ("jumped through the hoops.")  Unfortunately, the court order was extremely vague--which means we are pretty much at the mercy of the BM.

As far as getting back to normal, the order says, "It is the goal that regular parenting time between DH and the minor children be reinstated at some point in the future...."  We are at that point--BM wanted 6 supervised visits, we have had 5.  SDs are anxious to come to Dad's house.  My husband thinks BM is tired of the whole thing now too.

We do not have an attorney, and I know BM would move VERY slowly if we tried to have her attorney write something up.  None of us want to head back to court.  I want to make absolutely certain things are filed correctly so we have something to fall back on when BM tries to pull her next stunt.  Also, because of brand new laws in Oregon, CS will be drastically affected by the change in visitation.

1. What do we do to officially get back to the regular parenting time as ordered by the original parenting plan?

socrateaser

>1. What do we do to officially get back to the regular
>parenting time as ordered by the original parenting plan?

You must either stipulate with the other party to terminate/modify/set aside the existing temporary orders on custody/parenting time, and then have the court sign and enter it, or, you must file a motion to terminate/modify/set aside, and then litigate it.

There are no other alternatives -- at least, no other "lega" alternatives.

oklahoma

My husband spoke with BM about reinstating visitation.  She wanted to make a few changes to the original parenting plan.  We are totally fine with the changes.  I found the form called "Stipulation to Modify Parenting Time Order; And Supplemental Judgment."  I assume this is what I need.

The are three different orders affecting visitation: the original parenting plan, a stipulated agreement from 2001, and the order from 2002 temporarily stopping visitation.

1. Do we specifically have to state to have the 2002 order set aside?  Or is it good enough to make the changes to the parenting plan (including the ones stipulated in 2001) and submit the whole thing like new?

(BM seemed to express to my husband that she wants to just have everything included in a new parenting plan, rather than add more changes....  And at this point we do what BM wants.)


socrateaser

>1. Do we specifically have to state to have the 2002 order set
>aside?  Or is it good enough to make the changes to the
>parenting plan (including the ones stipulated in 2001) and
>submit the whole thing like new?

Based on the BM's desire to have everything in the new plan, I suggest the following text: "All prior orders regarding custody, visitation and/or parenting, are hereby set aside. This supplimental judgment and parenting plan, shall supercede and control, as of its date of entry into the court record, and the parties hereby agree to be bound by its terms and conditions, going forward, as of the date of their signing."