CP refuses to take children.

[spangle1033]

Hi Soc :-)

I know, I know.....I have completely extricated myself from contact with CP but this occurred beforehand.

According to paperwork, NCP gets children EOW and their Spring and Fall Breaks from school on even numbered years (in addition to other assorted holidays).

NCP regular weekend was March 31-April 2.  Children's Spring Break was April 3 -7.

CP emailed me and in my reply (MArch 20) I stated that "[NCP's] regularly scheduled weekend with children is March 31-April 2.  Following, he has them for their Spring Break which runs from April 3-7.  We assume that you will be meeting us to get children April 7 at 6 PM to exercise you regularly scheduled weekend of April 7-9.  The reason I am making sure is that I am making plans for the weekend and I need to make absolutely sure that you will be getting the children because these plans will be unbreakable." (Sorry for legnth Soc)

She replied "That is fine, I will meet [NCP] at 6 PM on Friday April 7."

Also, I use Return Receipt to track these emails and have copies on the server. These are word for word.

Well, she calls NCP last night to state that she will pick up children on April 9 at 6:30 PM.

NCP states he is aware of emails, copies have been made, it is her regularly schedued weekend, she is CP and will need to meet him on Friday at 6 PM as originally planned.

CP states that he is incorrect, she did not state those facts in the emails, etc.

NCP reminds her that it is her regulary scheduled weekend, no change was made, no agreement to switch was made, etc.  She is responsible for meeting him April 7 at 6 PM.

This goes back and forth, basically she is refusing to get children.
 

Believe me Soc, we keep children all sorts of days extra but I made plans and reservations based on this information.

1.  Is there anything to do?  

2.  Can you save my Birthday Weekend for me?

Thank You SO Much.

[socrateaser]

>1.  Is there anything to do?  

Well, you could file for an emergency court order instructing the other parent to pick up the kids at the time and date agreed, but it's unnecessary if your orders already state that time and date. And, if the other parent is where you can't serve her with the emergency orders until she returns from wherever she is, then this will all be for naught.

If you know that the other parent will not be anywhere that you can return the kids, then all you can do is take the kids with you and expend the extra money, or cancel/change your plans, and then sue the other parent for any expenses incurred as a consequence of her failure to follow the express terms of the orders and/or your agreed to modifications (assuming that these are allowed under the existing court orders).

I would probably go to small claims, because the burden of proof is easier.

But, those really are your only alternatives.

>
>2.  Can you save my Birthday Weekend for me?

I could say something really naughty here, but I'll restrain myself. lol.

[Giggles]

This is no way legal advice!!

CP knows you have unbreakable plans...I know hindsight is 20/20, but the reply you sent her was WAY too much info and gave her power to mess with you.  The  thing I've learned when dealing with the PB....is to KISS...(keep it simple silly).  I probably would have said....

"DH's regularly scheduled weekend with children is March 31-April 2. Following, he has them for their Spring Break which runs from April 3-7. We will meet you at ______________ on April 7 at 6 PM to return the children."

What you and DH do when the kids are not with you is NONE of her business.  Unfortunately...you're now in a pickel.....do you have anyone who can watch the children for the weekend? Grand parents?  Friends? Neighbors?  If so, then tell CP...."OK __________ will meet you at __________ on April 9th at 6:30 pm."  DO NOT say anything else...it's none of her business (let this become your mantra).  I can almost guarantee that she'll be changing her tune about picking them up on the 9th....

[spangle1033]

Soc, you are a man above men......thanks for the help :-)

Restraint? When did that become synonomous with birthday?

:-)