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Who gets to decide?

Started by backwardsbike, Jul 16, 2006, 01:43:22 PM

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backwardsbike

Hi Soc,

All parties in PA.  I am NCM.  Court order states:

"It is anticpated that the couple's minor son will attend boyscout camp the third week of every summer.  The parent who was to have custody of the child will get two overnights the follwing week to ensure that three weeks do not pass without that parent seeing minor son"

This year the camp was the fourth week of the summer.  X was to have had custody.  So I anticipated that he will get two overnights from me for this week, since camp was last week from Sunday to Saturday morning.  X picked son up from Camp and spent all of Saturday, Saturday night and today until 7 PM with child.

X phoned this AM giving me the option of having him keep son either Sunday/Monday or Friday/ Saturday.  X waited unilt 7 hours before I was to gain custody to offer me this chioce.

I already have many plans for the children this week.  I offered X Tuesady and Thursday.  He states that he will refuse to bring child to the custody exchange tonight.

Questions:

Who is to have the decison as to which overnights are given for make up?

Will X be in contempt of court if he fails to deliver the child for my custody period?

Can I be held in contempt for not choosing one of the X's options for the make up time?


socrateaser

>Questions:
>
>Who is to have the decison as to which overnights are given
>for make up?

Impossible to determine from the text of the order provided (i.e., it doesnt say).

>
>Will X be in contempt of court if he fails to deliver the
>child for my custody period?

The terms of the order is that neither parent shall be deprived of at least two overnights during the three week period surrounding camp. The fact that camp was not in the third week is irrelevant. What matters is whether both parents have had at least two overnights within a three week period. One parent's frustrating the other in this regard would be contempt.

>Can I be held in contempt for not choosing one of the X's
>options for the make up time?

Only, if the result is that X is deprived of at least two overnights in the three weeks surrounding camp.

This is mostly a guess, because the posted orders are insufficient to completely understand the court's requirements. The orders are to correct for an inconsistency in some other more standard part of the order which I haven't read, so I can't really give a solid answer.