What to file???

[Imom]

Soc....

Wondering what we can file to compel (sp?) bm to take ss to the airport.
I think we would need to change the transportation arrangements too along with that.

As per co:

Transportation: The parties acknowledge that this arrangement may lead to considerable expense for transporting the child between residences. After careful consideration and discussion, the parties agree that transportation shall be the responsibility of the non-custodial parent.

........

BM lives 11 hours away....with gas prices-hotel it would be cheaper to fly ss home.......but bm will not take ss to the airport. Dh is more then willing to pay for her fuel.....

1.what can we file if anything that would allow dh fly ss home that would also order bm to take ss to the airport????

[socrateaser]

>Soc....
>
>Wondering what we can file to compel (sp?) bm to take ss to
>the airport.
>I think we would need to change the transportation
>arrangements too along with that.
>
>As per co:
>
>Transportation: The parties acknowledge that this arrangement
>may lead to considerable expense for transporting the child
>between residences. After careful consideration and
>discussion, the parties agree that transportation shall be the
>responsibility of the non-custodial parent.
>
>........
>
>BM lives 11 hours away....with gas prices-hotel it would be
>cheaper to fly ss home.......but bm will not take ss to the
>airport. Dh is more then willing to pay for her fuel.....
>
>1.what can we file if anything that would allow dh fly ss home
>that would also order bm to take ss to the airport????

The following motion assumes you are Respondent in your case...reverse with Petitioner, as appropriate. Also, if your jurisdiction uses judical forms for pleadings, then the supporting affidavit portion of this motion can be used as an attachment to the form:

------------------------------

(Standard Court Caption info for your juridiction: court name, party names, case number, etc.)

Motion and Affidavit for Order Clarifying Transportation Incident to Exercise of Parenting Time

Respondent, YOURNAME, in propria persona, hereby appears and moves that the court order Petitioner to cooperate in the transportation of the Parties' minor child, incident to Respondent's exercise of parenting time, by utilizing commercial air carriers.

In support of the above motion, I, YOURNAME, after first being duly sworn, do hereby depose and say:

1. That I am Respondent in the above-entitled action, and if called upon, I could testify competently to the matters set forth herein, of my own personal knowledge.

2. On ??/??/??, I wrote a letter to Petitioner requesting that she agree to use a commercial air carrier to transport our minor child over the X hundred miles incident to my exercise of parenting time (see Exhibit #1, attached). The alternative, being that I will need to drive 11 hours in order to exercise my parenting time.

3. Petitioner refused my request, even though I offered, not only to pay the cost of the air fare, but also to cover the reasonable cost of Petitioner's transporting our child to and from the airport.

4. I believe that my request is reasonable, and in our child's best intererests, and that Petitioner's unequivocal refusal appears to be for no reason other than to frustrate my parenting rights.

5. For all of the foregoing reasons, I hereby request that the court order Petitioner to cooperate as necessary to use commercial air carrier services to facilitate my exercise of parenting.

By: _____________
YOURNAME
Respondent, Pro Se
STREET
CITY, STATE ZIP
CONTACTFONE

Subscribed and sworn to, before me, this ____ day of ____, 2005


By: _________
NOTARY PUBLIC
My commission expires: ________

---------------------------------------------------

Order to Enforce Parenting Time

The court hereby orders:

Judge's Initials

_____ Petitioner and Respondent shall cooperate with each other as necessary to facilitate any future transportation of the Parties' minor child incident to either Parties' exercise of parenting time, via commercial air transportation, or by any other reasonable means.

_____ The motion is denied.


Dated this _____ day of ______, 2005,

By: _________
Judge of the _____ Court
---------------------------------------------

I can't imagine a reason why the judge wouldn't sign this order in about five seconds. So, I suggest that you send a letter to the other parent detailing your request and stating that if you do not receive a positive response or a rational explaination for her refusal within 3 days, that you will file a motion to have the court order her to reasonably cooperate in this matter.

[Imom]

d

[Imom]

We were given advice to make this motion an emergancy motion so it would be heard before ss is to return on August 9 for the school year.

We did that however the judge ordered a hearing 2 days after ss returns. I am pretty sure why he did and probably should have made things a little more clear in the motion.

The current co refers to NO party being the CP or NCP. It simply states Joint Legal....Shared Physical in the following manner...

DH is to have physical custody from one week before the school year until one week after. BM is to have physical custody anytime child is out longer then a three day weekend.

Visitation----DH even year x-mas vacation--BM odd year---anyother reasonable upon advanced notice.

This is what the co states word for word for transportation;

4. Transportation: The parties acknowledge that this arrangement may lead to considerable expense for transporting the child between residences. After careful consideration and discussion, the parties agree that transportation shall be the responsibility of the non-custodial parent.

Even though its NOT in the co both parties wanted it as they have been doing IE: When dh has physical custody he is the cp thus bm is the ncp- then when bm has physical custody she is the cp and dh is the ncp.

We still have one of the old home courts/judges I am sure there are many out there. At the last hearing when bm filed for custody the judge assumed BM did ALL transportation( she had moved and at that time 1998 it was a big thing that the moving parent did all transportation). She did testify to what they had agreed to (rather what they thought they did) and what they had been doing.

Our courts assume because its not in the co other wise DH is the Primary Custodial Parent because they have a 70/30 split. Therefore with the co BM is to do all the transportation.

Other issue is bm moved since last hearing...we had the run around getting her addy..had to get advice from you (Thank You). DH sends everything to bm certified (sometimes over night delivery which she still has to sign for) bm will NOT pick anything up if a notice is left we have to ask for things to be redelivered.

DH sent bm a overnight copy of the motion he filed. Our court said they would serve her but when dh came back they did not keep all the copies they said they would. Not knowing if bm still has her free legal aid attorney from last time dh sent her a copy just to make sure she got it. That may not hold up in court we don't know?...

The court will send the motion and order for hearing to bm certified/return receipt (its in the order we received today). It went out yesterday.

Someone gave us advice to file a motion due to the fact that the court date is after the pick up date.

1. Would that be wise?

2. If we should what would be the "title" of the motion?

4. If bm is not home to receive the motion and order for hearing and does not pick up the letter thus not show up what will the court do?

[socrateaser]

>
>Someone gave us advice to file a motion due to the fact that
>the court date is after the pick up date.
>
>1. Would that be wise?

I would talk with the court clerk or judge's assistant and explain that the hearing date as set will force you to make the very drive that you are attempting to avoid by obtaining a court order. I should have made that deadline clear in the motion I wrote earlier, and maybe the date would have been set earlier.

>2. If we should what would be the "title" of the motion?

It's not clear to me at this point as to the exacdt status of your case. If you filed the motion that I prepared, then you have a motion before the court already, and you just need to try to move the hearing date.

>
>4. If bm is not home to receive the motion and order for
>hearing and does not pick up the letter thus not show up what
>will the court do?

If the court is sending out the motion on it's own responsibility to the parent's address of record with the court, and that parent doesn't respond, then you will probably be awarded the change in transportation without her attendance.

Due process requires notice of a pending legal action and opportunity to appear and defend. There's no guarantee in due process that if you ignore your notice, that you will still get your opportunity.

[Imom]

I should have told you I did put in the motion twice of the date ss is to return and even added it to the order.

I did not tell you when ss was to come back and he was going back for the school year so that was my fault.......

I am still pretty sure the judge is confused by the co (trust I would be if I didn't already know). But I will have dh call up there and see what they say. Thank You

[Imom]

Shoud dh bring anything to the hearing?

I thought about a print out from mapquest to show the distance/time between the parties homes. Information from various websites regarding unaccompanied minor policies. Or would that type of information be hear say and not allowed?

[socrateaser]

>
>Shoud dh bring anything to the hearing?
>
>I thought about a print out from mapquest to show the
>distance/time between the parties homes. Information from
>various websites regarding unaccompanied minor policies. Or
>would that type of information be hear say and not allowed?

Map would be good. nNt hearsay, as long as dh testifies that he searched for and printed the map himself.

I would print out some proposed itineraries and the total cost of each, including the unaccompanied minor policy. You never know, the judge might make the other parent contribute something -- doubt it, but possible. Mostly, you want to show that established commercial flights are available between locations.

[Imom]

Dh called the assistant stated this was the soonest they coulrd hear this case...she said the judge wanted it to be before Aug. 9th but there was no way they could squeeze it in until Aug. 11. She state he was lucky to get that date.....the problem is it is a second set and may get pushed out.

[socrateaser]

>Dh called the assistant stated this was the soonest they
>coulrd hear this case...she said the judge wanted it to be
>before Aug. 9th but there was no way they could squeeze it in
>until Aug. 11. She state he was lucky to get that date.....the
>problem is it is a second set and may get pushed out.

You could write the other parent and suggest that the two of you stipulate to waive an oral hearing on the matter, and ask the judge to rule based only on the written pleadings. That's about all I can suggest at this point to try to speed up the process.