Need clarification on court order please.

[Romersgirl]

Background, DH has full physical and legal custody that we got on Sept 30 2004.  The BM at that time was given supervised visitation only, to be supervised at her mothers house.  Recently the grandmother had some medical problems and it was not suitable for them to be there.  BM had been doing much better so we agree for the summer on a trial basis to try unsupervised visitation.  We took it to the courts and this is what we got:

New visitation court order states: Findings of the court - Joint Motion of parents to relax supervised visitation penind court review of mother on 9-7-05.

It is ordered that visitation for (BM) with both her children shall be liberal and reasonable and without supervision by the current supervising party (maternal grandmother).  These visits and the terms shall be worked out by the agreement of the parties.  (Grandma) shall no longer be a supervising party.  This case is continued to 9-7-05.

1.  Since there are no specific weekends mentioned and she is starting her old tricks again (dragging the boys around by their arms, cursing at them in public) then we do not have to let them go this weekend correct?

2.  Since this was a trial basis and the judge cont'd it to Sept when we go in Sept we can let them know that we tried but bc of X, Y, Z it didn't work right? Therefor probably going back to supervised again?

3.  What if she tries to file a show cause, althoguh I dont know what for since it's not specifically listed there for we aren't against court order, BUT if she does it would most likely be dismissed when we went right?

Thanks!!

[socrateaser]

>1.  Since there are no specific weekends mentioned and she is
>starting her old tricks again (dragging the boys around by
>their arms, cursing at them in public) then we do not have to
>let them go this weekend correct?

The order states liberal (freely) and reasonable (some rational connection to the stated purpose) visitation, which means that the court is giving considerable favor to permitting BM to visit the children. However, you cannot be held in contempt because of the imprecise terms. And, you must agree -- if you don't -- no visitation.

My advice is to not become obsessed about the mother being with the children, but if you reasonably believe that she will affirmatively harm them (pull arms out of sockets, spank the !@# out of them, scream, berate, leave unattended, etc.), because you have seen evidence of it with your own eyes, then tell her that you will not release the children for any extended period until she works up to it. Start with 4 hours, then see how it goes.

>2.  Since this was a trial basis and the judge cont'd it to
>Sept when we go in Sept we can let them know that we tried but
>bc of X, Y, Z it didn't work right? Therefor probably going
>back to supervised again?

Yes.

>
>3.  What if she tries to file a show cause, althoguh I dont
>know what for since it's not specifically listed there for we
>aren't against court order, BUT if she does it would most
>likely be dismissed when we went right?

She isn't gonna get some emergency order against you as long as you are reasonable. I would suggest recording your conversations, on fone or in person, and telling her that you are doing so. That way if she blows up, you'll have the evidence for the court.