More Pro Se questions

[Zephyr]

All parties and order in Wisconsin



I don't know if I said this in any of the earlier posts- but at the end of August I had supplied EX/CP with a calendar for the upcoming 12 month period (just as I had done last year). With this calendar I included a letter stating if he didn't agree with the schedule to please respond in writing by september 1, with alternate dates etc.otherwise the schedule would stand and be enforceable.

He never responded in writing- said his lawyer said he didn't have to, he just threw the calendar into my car saying it was wrong and everything would have to change. Because he was being so irrational and a conversation was not able to be had, I told him to get out of my car- he was leaning in the window and I left. Then he denied my weekend time with son.

Current Hubby and I went on vacation this weekend- been planned for 3 months based on the visitation schedule that had been in place. From our rented cabin 4.5 hours away I called son on Friday night at 6:30 like I call every night. Ex of course will never answers the phone when I call, I must always leave a message saying "have son call me" then about 15-20 minutes later he will have son call back (this is the routine every single time I call)- so son called back and said he was on his way to see me- I was flabbergasted. I had had no contact- no communication whatsoever from ex all week. So I told son to let me talk to dad.

Dad gets on the phone very angrily asking why I am not going to be at the swap(they are already over halfway there) I try to explain and once again he just blusters over me. So after 4 minutes of not being able to get anything said I just hang up.

I have all the stuff for my motion just about done- will be filing next monday- he will probably deny the upcoming weekend, which would be the second weekend in the normal rotation that is denied.

Questions:

1. Will me not having son this past weekend hurt my motion to the court?

2. I am filing for Modification for placement - with the understanding that that request has a slim chance of actually being granted- what is the exact wording I need to use for if the judge does not see grounds to change placement then he would at least clarify the order?

3. I have a proposed parenting plan, basically what I would like to see happened if placement is not changed- do I include this with my initial filing of the motion or do I wait for the judge to deny the mod and then file it with a motion for clarification?

4. By him not properly responding to the letter about the schedule- or even communicating what he thought the schedule should- how does that affect the situation? does it help me in court? hurt me in court?

Thanks You so much for your help

[socrateaser]

>Questions:
>
>1. Will me not having son this past weekend hurt my motion to
>the court?

Doubtful. You gave him notice on your calendar. He may deny receiving it, but that will leave the issue completely up in the air.

>
>2. I am filing for Modification for placement - with the
>understanding that that request has a slim chance of actually
>being granted- what is the exact wording I need to use for if
>the judge does not see grounds to change placement then he
>would at least clarify the order?

"Should the court not find grounds for a motion to modify placement, then in the alternative, I request that the court clarify its current orders to include the attached parenting plan (Exhibit #??, attached)."

>
>3. I have a proposed parenting plan, basically what I would
>like to see happened if placement is not changed- do I include
>this with my initial filing of the motion or do I wait for the
>judge to deny the mod and then file it with a motion for
>clarification?

See above.

>
>4. By him not properly responding to the letter about the
>schedule- or even communicating what he thought the schedule
>should- how does that affect the situation? does it help me in
>court? hurt me in court?

As usual, it's all your word against his, so it will probably be ignored by the court entirely. The real issue is that you cannot cooperate under the currrent orders because they are too vague to create the necessary certainty in each parent's rights concerning the child. That's what you're trying to clarify and that's what you should tell the court.

[Zephyr]

Again- Thank you so much- you are a saint to use the knowledge you have worked hard and paid much for to help those who may not have had the same opportunity- THANK YOU