Judges order, please help!

[purpledragon]

What is the name of your state? Co

I went to court in January. THere were alot of things put in the court order by my daughters bio dads lawyer that was never agreed to in court. ( she had the responsibility of typing up the new order) There was a conflict on the court order, so it was held up for 2 months. His lawyer still snuck in wording that was not agreed on in court. THe transcripts say nothing about it. There was an additional 3 weeks of time allowed to him. THe rest of the order states this: The Petitioner shall have the minor child on his 2 days off work, parenting time will commence at 6:00 pm the evening before the petitioners two days off, and conclude at 6:00 pm on the petitioners last day off. Petitioner shall have the child, AT LEAST, on his days off EVERY OTHER WEEK. well, he is taking her EVERY WEEK from 5 pm until he feels like bringing her home. I agreed to every other week. My lawyer dropped my case. I have no more money, I sold belongings to pay this guy who did nothing much for me at all. I never agreed to any other things, like every week, or the extra time they asked for. Can I do anything? Can I talk to the judge about this since I have no lawyer and point this out to him? It is a big mistake.

Also, I have a restraining order on bio dads girlfriend. It clearly states this:it is ordered that you, the degendant, shall have no contact of any kind with the plaintiffs, with NO exceptions. You must keep a distance of at least 100 yards from the plaintiff. 2. Exclusion from places: my address and my mothers address. well, she sure as heck showed up at my moms house today. I called the police and they said as long as she didn't get out of the vehicle, or try to come inside the residence, she could be there. WHHHHAAAATTT???? Is this for real??

 

[Whyte Noise]

Does the court order state every "other" week? If so, then when he comes on the days it's not specifically in the court order, then you tell him, "I'm sorry... but this isn't the scheduled visitation time, and we have other plans for this weekend." Let him take you to court for it. You're just following the order. You can't get in trouble for that.

As for the RO part, I'd call the local police station, ask for the officer in charge, and find out what their policy is on upholding a court ordered restraining order. Spell it out to them. 100 yards, means 100 yards. Whether in a car, or out of it. And ask why the court order wasn't enforced when you made the complaint. You might want to nicely remind them that they can get in trouble for not upholding it too...

 

[purpledragon]

Thanks BLCM for the reply. It states "at least" every other week. That is one of the little words that their lawyer put in the court order. so now they think they get her every week. and apparently, because of that "at least", there is nothing I can do. They come and rip her from us, I can't tell them anything. What is really funny about this whole thing, is that their lawyer is married to the police lutienant. (WIsh I had spellcheck). Bio dads uncle is a sherrif deputy, bio dads gf mother is a police officer. SO I think there must be a little crookedness in this town. I went to all that trouble getting the restraining order thinking it would protect us from her. The police officer told me it didn't specify distance from the residences. I guess it is ok for her to threaten and yell at my mom and I in front of the kids, as long as she don't get out of her vehicle to do it.

 

[Grampsx13]

Well...I guess...if "I" were in your shoes...I would be giving that "at least" part my own interpretation, if it isn't already defined somewhere in your orders as to "exactly" what definition was meant for it. If YOU can't agree on its interpretation, and THEY have a different interpretation...what do you do? If "I" were the CP, then "I" would go with MY feeling in the matter, and I would force THEM to have to take it back to court for clarification. In other words, I would just let them have the child their every other weekend as described until the 'terminology' was better and more specifically defined by the court.

I recently chewed my son out about some wording in an order that he signed after his exx's attorney had to 'supposedly' revise a document and re-present it for my son's approval. My son just assumed it had been re-done 'only' to the alterations that had been challenged. So, he didn't re-read it. As it turned out, that attorney slipped a couple of things in that shouldn't have been, and wouldn't have gotten away with, IF my son would have done as I told him to in the first place and "READ THE DAMNED THING AGAIN"! Stuck with it now...unless he takes it back to court.

I just hope and pray that your judge isn't in some far stretched way related to all those other people you mentioned. Talk about fighting a losing battle.

 

[haiku]

hindsight is 20/20 but never agree to anything that is vague such as 'reasonable' or 'as agreed' if people could be reasonable or agree, they would not be in court in the first place....

that being said, document everything! I personally see nothing wrong with a father geting a child every week but thats me, I figure the more contact with family a child has the better...Anyway document all interaction with the dad, you are going to need it to prove you were following the court papers if and when he takes you to court for denial of visitation. It is really up to him to modify if he feels the visitation is not being followed.

One thing about the pick ups, you might, if this goes on consider modifying to have it done in public, you would be amazed at how smoothly things can go, when it has to be done at mcdonalds in front of the world...

 

[VeronicaGia]

hindsight is 20/20 but never agree to anything that is vague such as 'reasonable' or 'as agreed' if people could be reasonable or agree, they would not be in court in the first place....

that being said, document everything! I personally see nothing wrong with a father geting a child every week but thats me, I figure the more contact with family a child has the better...Anyway document all interaction with the dad, you are going to need it to prove you were following the court papers if and when he takes you to court for denial of visitation. It is really up to him to modify if he feels the visitation is not being followed.

One thing about the pick ups, you might, if this goes on consider modifying to have it done in public, you would be amazed at how smoothly things can go, when it has to be done at mcdonalds in front of the world...

I agree haiku. Why should the other parent be relegated to an every other week visitor if the other parent wants more than that? The NCP in this case gets eight days a month versus the CP getting at least 20 days a month. They are both the parents! I wonder how our poster would feel if this was the other way around.

 

[haiku]

I agree haiku. Why should the other parent be relegated to an every other week visitor if the other parent wants more than that? The NCP in this case gets eight days a month versus the CP getting at least 20 days a month. They are both the parents! I wonder how our poster would feel if this was the other way around.

yeah, that part just really bothers me when I see it in posts....

 

[purpledragon]

ok well then tell me one thing.... the BEST INTERESTS OF THE CHILD!!!!! she came home with a handprint bruise on her butt, she always cries because she wants to be with me, they hit her and tell her they won't love her if she wants to come home!!! She is only 3 years old!!! They have her more than 20 days a month now!!! 4 days and 2 nights a week. plus alot more on holidays, they chose everything!! I had a crappy lawyer. you must work with him. I have never seen so many people care more about bad people than some of you on here. THis all goes to show that EVIL ALWAYS PREVAILS!!

 

[haiku]

Oh please...we can only go by what you post, and somehow I knew you would be back with "oh they beat my child!"

this is NOT your original concern. if it was, the FIRST thing you would have posted would have been "My child comes home bruised and beaten from her visitation" NOT "he wants to much"

He should be entitled to EQUAL time with his child. that means half the month, and alternate or split holidays.

It is hard on children to visit at first, it is natural and can be made easier if YOU, the CP make iteasier and natural part of thier life.

you want to play the abuse card be prepared to PROVE it.

 

[purpledragon]

It WAS proven. I came back with that because that is part of the best interests of the child. I have previously posted about that. She has been going to his house for the past 2 years, and alot has happened to her. READ MY OTHER POSTS. anyways, you didn't respond to my previous question. SOMEHOW I KNEW YOU WERE GOING TO TURN IT AROUND LIKE YOU DID, YOU DO IT TO EVERYONE. I believe I am done with this board, some people aren't smart enough to form their own opinion, they have to conform to every one else's because the only place the feel like they belong is on a board like this! How pathethic. good bye

 

[VeronicaGia]

Amazingly, he's not a drug addict too.

Do you think we all go back and read everyone's prior posts before reading a current post? Are we all supposed to remember every detail of your situation?

Well, since you already said goodbye, I won't expect a response. I already didn't expect a response from an open point of view; you are obviously one of those people who gets extremely mad when they aren't told what they want to hear. You wanted validation, you didn't get it, you're mad now.

Too bad, so sad.

 

[haiku]

It WAS proven. I came back with that because that is part of the best interests of the child. I have previously posted about that. She has been going to his house for the past 2 years, and alot has happened to her. READ MY OTHER POSTS. anyways, you didn't respond to my previous question. SOMEHOW I KNEW YOU WERE GOING TO TURN IT AROUND LIKE YOU DID, YOU DO IT TO EVERYONE. I believe I am done with this board, some people aren't smart enough to form their own opinion, they have to conform to every one else's because the only place the feel like they belong is on a board like this! How pathethic. good bye

bye!