How do I transport my child for visitation now that motion to clarify has been denied?

[416021va]

I live in VA, but the child lives in FL with the CP.

One of the most important points of my motion to clarify was how transportation was to be split up.

The original stipulation read:

Both parents shall be responsible for the financial and physical transportation of the child...

Original arrangement by CP and I had to accomodate this:

I'd buy the tickets and CP would reimburse me, since CP claims that they don't have a debit or credit card with a visa logo.  

Problem with that arrangement:

CP would delay reimbursing me.

My action:

I told CP that I couldn't do this anymore, as not being reimbursed on time posed a problem for me.

Additional problems: I have now emailed the CP to tell them that I would like to figure out transportation arrangments between us, but she is not responding to my emails. The last few certified emails leading up to my motion to clarify were deliberately returned unopened. (I know that CP is there though).

My question is as follows:

1) How can I make transportation arrangements with the CP when they refuse to communicate?

2) How can I avoid buying the same plane ticket as the ex? I guess I can't

Thanks Soc!

[socrateaser]

>My question is as follows:
>
>1) How can I make transportation arrangements with the CP when
>they refuse to communicate?

You can't. You'll  need to wait until the child is not transported to you on the date in question and then file for contempt, using the certified mails as evidence of your attempt to arrange transport.

If it's the other parent's obligation to provide transport, then it's not your problem that he/she doesn't have a credit card. If the child doesn't show and you've provided notice of your intent to exercise custody, and the court order states that you're entitled to the child on date X and the other parent must transport, then if you do exactly what you're supposed to do under the order and the other parent doesn't, then that's contempt.

Now, you already know that the judge in your case thinks you're a troublemaker, so when it comes time to enforce the cotempt, you'll probably lose, because you refuse to take my adivce and hire a lawyer.

But, there's nothing I can do about that.

>
>2) How can I avoid buying the same plane ticket as the ex? I
>guess I can't.

See above.

[416021va]

ok Soc, thank you for your advice and your time.

I have logically deducted some of the same conclusions as you have. You bring out some good additional points in the "contempt" arena.

It's not that I don't agree with what you are saying, but don't think that I can afford a lawyer.

Based on this my new questions are as follows:

1) Couldn't I initiate a seperate civil suit against the other parent for damages if they fail to comply with the court order as opposed to filing a motion for contempt? (This would end up in front of another judge).

2) Wouldn't filing an appeal for my failed motion to clarify work out cheaper than hiring a lawyer to represent me? (Again, this would end up in front of another judge, but would cost alot more money, and could turn out to be a big waste of money if I lost).

3) Why not use a private process server to advise the ex of my desire to arrange travel, since certified mails are being ignored?

4) Can my wording change slightly in my appeal? Or must the judge rule on the exact same motion?

Thanks for your time Soc!!

[socrateaser]

>Based on this my new questions are as follows:
>
>1) Couldn't I initiate a seperate civil suit against the other
>parent for damages if they fail to comply with the court order
>as opposed to filing a motion for contempt? (This would end up
>in front of another judge).

If the other parent fails to pay you for the reasonable cost of transportation as required under the order, and if this was originally agreed to under a stipulated settlement, and if your settlement/court order/FL law permits litigants to enforce a judgment either via the court's contempt powers or "on the contract," then yes.

However, at common law, a stiplated judgment "merges" and the agreement between the parties can only be enforced by the court's contempt powers. Some jurisdictions have statutorily reserved the parties' right to sue under contract law vis-a-vis based on a contempt or other enforcement action.

You can also sue for quasi-contract/unjust enrichment in small claims, regardless of the merger doctrine, but you must show that the other parent received an unjust benefit at your expense (i.e., you paid costs the other parent should have paid, and that parent was unjustly enriched as a consequence -- even though there was no agreement to share transportation costs.

The problem with winning a small claims action is that you will have a much more difficult time collecting, because you will not have the power of the family court available to force payment. Ordinary judgments are much more difficult to collect on than family law judgments -- especially orders concerning child support issues -- of which transportation costs is one.

>2) Wouldn't filing an appeal for my failed motion to clarify
>work out cheaper than hiring a lawyer to represent me? (Again,
>this would end up in front of another judge, but would cost
>alot more money, and could turn out to be a big waste of money
>if I lost).

Probably. But, if the end result is that you lose because you didn't hire a lawyer, then what's the difference. I'm not certain I understand your goal anymore. You seem more concerned with "winning" at the moment. The objective is to advance the child's best interests. This is not wishful thinking -- it's reality. If you go to family court with the goal of anything else, you'll generally lose, no matter how important your personal rights may seem, because the judges tend to massage the law to eliminate anything other than the child's interests from the equation (when there's a child involved, of course).

>3) Why not use a private process server to advise the ex of my
>desire to arrange travel, since certified mails are being
>ignored?

No reason other than cost.

>
>4) Can my wording change slightly in my appeal? Or must the
>judge rule on the exact same motion?

If your case was heard by a FL superior court judge, then an appeal would go to a three-judge appellate panel. Your appeal would be evaluated based on (1) whether the judge abused his/her discretion (i.e., no reasonable judge would have made the same decision, based on the court record), and/or (2) whether the judge made a harmful error of fact or law in analyzing the substantive issues.

An appeal like this is a very different process than the process in the trial court. You must be familiar with the appellate rules of court. I don't think you'll get very far, without a very compelling issue -- and I don't think you have one at the moment.

[416021va]

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