Doctor order vs Court order

[KeepLearning]

What is the name of your state (only U.S. law)?

My ex and I live some distance away and meet halfway for is every other weekend parent time. I have reason to suspect in the near future I will be unable to meet at the halfway point for a short while due to a medical condition. Namely pregnancy and child birth. Can I be held in contempt if I have Dr orders that I cannot drive? Ifeed my appointments reveal that I am close to labor, I believe my Dr would give order that I not drive as going into labor while driving may not be safe for the child, going into labor in the middle of nowhere (country roads) would not be safe for myself or the baby. And naturally if I'm in the hospital and IN labor I probably will not be permitted to leave to follow my court order. Likewise, if I remember right from my first childbirth, there was a period in which the Dr told me I couldn't drive (I think that was a couple days to a week).

Family and friends do not like my ex and would not be willing to take the child for me. And since it's not their kid and they aren't under court order I don't see why they should be forced--or how I can force them.

If he were willing to drive to get the child, I would not keep the child from him.

All in all, we are probably talking a 1 to 2 visit (I think 2 visits would be extreme or bad timing) window here. What kind of trouble would I get in?

Does doctor or medical reasons trumo a court order?

 

[Zigner]

What is the name of your state (only U.S. law)?

My ex and I live some distance away and meet halfway for is every other weekend parent time. I have reason to suspect in the near future I will be unable to meet at the halfway point for a short while due to a medical condition. Namely pregnancy and child birth. Can I be held in contempt if I have Dr orders that I cannot drive? Ifeed my appointments reveal that I am close to labor, I believe my Dr would give order that I not drive as going into labor while driving may not be safe for the child, going into labor in the middle of nowhere (country roads) would not be safe for myself or the baby. And naturally if I'm in the hospital and IN labor I probably will not be permitted to leave to follow my court order. Likewise, if I remember right from my first childbirth, there was a period in which the Dr told me I couldn't drive (I think that was a couple days to a week).

Family and friends do not like my ex and would not be willing to take the child for me. And since it's not their kid and they aren't under court order I don't see why they should be forced--or how I can force them.

If he were willing to drive to get the child, I would not keep the child from him.

All in all, we are probably talking a 1 to 2 visit (I think 2 visits would be extreme or bad timing) window here. What kind of trouble would I get in?

Does doctor or medical reasons trumo a court order?

You should find alternative means of transportation. If we're talking only once or twice, then your friends should be able to bite their tongues long enough to help you. If not, then not only do you have some pretty crappy friends, but you should find alternative transportation (Uber, taxi, etc.) Perhaps you could even offer to compensate your ex for the extra driving involved with coming all the way to you.

Now, realistically, you're not going to get "in trouble" for being unable to transport the child for one or two visits due to this, but you really should try to find alternatives, especially since this isn't something unexpected.

 

[FlyingRon]

This isn't elementary school. A note from mommy or the doctor isn't going to trump the court order. Besides as pointed out, the doctor telling you that you can't drive and complying with this court order are not mutually exclusive.

What does the order say about transportation of the child? Does it say you have to drop halfway?

 

[CTU]

What is the name of your state (only U.S. law)?

My ex and I live some distance away and meet halfway for is every other weekend parent time. I have reason to suspect in the near future I will be unable to meet at the halfway point for a short while due to a medical condition. Namely pregnancy and child birth. Can I be held in contempt if I have Dr orders that I cannot drive? Ifeed my appointments reveal that I am close to labor, I believe my Dr would give order that I not drive as going into labor while driving may not be safe for the child, going into labor in the middle of nowhere (country roads) would not be safe for myself or the baby. And naturally if I'm in the hospital and IN labor I probably will not be permitted to leave to follow my court order. Likewise, if I remember right from my first childbirth, there was a period in which the Dr told me I couldn't drive (I think that was a couple days to a week).

Family and friends do not like my ex and would not be willing to take the child for me. And since it's not their kid and they aren't under court order I don't see why they should be forced--or how I can force them.

If he were willing to drive to get the child, I would not keep the child from him.

All in all, we are probably talking a 1 to 2 visit (I think 2 visits would be extreme or bad timing) window here. What kind of trouble would I get in?

Does doctor or medical reasons trumo a court order?

Have you actually spoken to Dad? You know, gotten his input? Maybe he'll swap a day or two ... or you could offer him makeup time *plus* a day or two.

You know, "co-parenting" and all that good stuff.

 

[stealth2]

What is the name of your state (only U.S. law)?

So...... what IS the name of your state?

 

[KeepLearning]

You should find alternative means of transportation. If we're talking only once or twice, then your friends should be able to bite their tongues long enough to help you. If not, then not only do you have some pretty crappy friends, but you should find alternative transportation (Uber, taxi, etc.) Perhaps you could even offer to compensate your ex for the extra driving involved with coming all the way to you.

Now, realistically, you're not going to get "in trouble" for being unable to transport the child for one or two visits due to this, but you really should try to find alternatives, especially since this isn't something unexpected.

I'm also not going to request of my friends to take off their jobs and thus lose income to comply with a court order that does not concern them. The people in my life have their own lives.

Uber or taxi might work post partum, but again if I'm close to labor or IN labor, I probably will not be able to escorts her via either, and 3 is a bit young to travel with a stranger.

Thank you for answering my question in your last paragraph. Much appreciated.

 

[Zigner]

I'm also not going to request of my friends to take off their jobs and thus lose income to comply with a court order that does not concern them. The people in my life have their own lives.

Uber or taxi might work post partum, but again if I'm close to labor or IN labor, I probably will not be able to escorts her via either, and 3 is a bit young to travel with a stranger.

Thank you for answering my question in your last paragraph. Much appreciated.

I'm sorry that you don't have friends you can reach out to for the occasional, super-rare instance that you might need their help.

Why can't you offer to pay the additional costs of dad coming to get your (plural) child?

 

[KeepLearning]

This isn't elementary school. A note from mommy or the doctor isn't going to trump the court order. Besides as pointed out, the doctor telling you that you can't drive and complying with this court order are not mutually exclusive.

What does the order say about transportation of the child? Does it say you have to drop halfway?

So, a judge would hold me in contempt for not traveling when it is not medically safe for me to do so? Even riding in a taxi or Uber when close to labor or in labor, would not be safe. What would the consequences be? The child is too young to go alone, so complying would require that I either disobey what a dr tells me is safe to do or trying to force someone who is not a party to the court order to pause their own lives and jobs to transport the child. That doesn't seem reasonable. Nor does it sound like it would be in my child's best interest for me to drive through some of what labor includes (contractions, etc). All this of course depending on timing. The day I'm due is the start of his weekend. I doubt I will go ON my due date, but it would be reasonable to think my Dr will not want me TRAVELING if I'm dilatation and could go anytime.

Yes it says we meet halfway.

 

[Silverplum]

I'm sorry that you don't have friends you can reach out to for the occasional, super-rare instance that you might need their help.

Why can't you offer to pay the additional costs of dad coming to get your (plural) child?

Too straight-forward. Not enough drama.

 

[KeepLearning]

Have you actually spoken to Dad? You know, gotten his input? Maybe he'll swap a day or two ... or you could offer him makeup time *plus* a day or two.

You know, "co-parenting" and all that good stuff.

No. Not yet. I don't go into situations blind. I like to know my legal standing before and have my head in the game prior to discussing things with the father. It helps in my "business transaction" mindset. It's easier to coparent when we are both logical.

 

[KeepLearning]

I'm sorry that you don't have friends you can reach out to for the occasional, super-rare instance that you might need their help.

Why can't you offer to pay the additional costs of dad coming to get your (plural)

It's a possibility I he will agree to it.

 

[KeepLearning]

Too straight-forward. Not enough drama.

It's not a short drive. I'm asking my friends who work multiple jobs if they can call off, so that they can transport my child a decently long way. The only truly valid suggestion has been paying dad.

But yet in terms of consequences, the only person to chime in has noted I won't get in trouble on a one time occurance with this type of reasoning behind it. Which was my actual question.

 

[Silverplum]

No. Not yet. I don't go into situations blind. I like to know my legal standing before and have my head in the game prior to discussing things with the father. It helps in my "business transaction" mindset. It's easier to coparent when we are both logical.

Seems like you went into this pregnancy "blind." No friends to depend on, no bf or friend to drive your other child, just an ex and a court order you must follow.

 

[Silverplum]

It's not a short drive. I'm asking my friends who work multiple jobs if they can call off, so that they can transport my child a decently long way. The only truly valid suggestion has been paying dad.

But yet in terms of consequences, the only person to chime in has noted I won't get in trouble on a one time occurance with this type of reasoning behind it. Which was my actual question.

Do you think a judge won't ding you for not even making other arrangements? I disagree.

 

[Zigner]

But yet in terms of consequences, the only person to chime in has noted I won't get in trouble on a one time occurance with this type of reasoning behind it. Which was my actual question.

If dad really wants to push this then you may end up in court over it. Whether or not dad is successful in a contempt action doesn't mean you won't have to defend yourself. Where do you expect your child(ren) to be while you're dealing with court?