Taking ex back for contempt (questions)

[ogal]

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

Hello, I have posted on here previously abouy my ex taking his vacation time in days and not weeks. Finally I have a court date in a month for contempt and clairification of the order. My ex contines to take m weekends as his vacation time.

My lawyer said she was okay with him taking 2 weekends of mine because I could do the same with him when I took my vacation weeks. My lawyer told me to DO NOT give our son to my ex for anymore weekends for the rest of the year because my ex is stating that he is using his vacation time every weekend of mine for the rest of the year, which is crazy because no matter how you look at it 2 weeks or 14 days he has used his vacation time up completely. I know some of you will say then don't give your son to my ex but he coincides his normal day(thursday) with his vacation time so I just won't get my son back. My question is what should i expect from court? Do i need to provide anything or is it my exs job to prove he's not in comtempt? What can I expect a judge to say? Will he give me make-up time? I mean I feel like 5 weekends in a row not seeing my son is crazy. Also as a FYI I filed 2 other motions on contempt: not paying the sitter which i have canceled checks to prove and my ex not using the court ordered babysitter while he's at work.

 

[Silverplum]

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

Hello, I have posted on here previously abouy my ex taking his vacation time in days and not weeks. Finally I have a court date in a month for contempt and clairification of the order. My ex contines to take m weekends as his vacation time.

My lawyer said she was okay with him taking 2 weekends of mine because I could do the same with him when I took my vacation weeks. My lawyer told me to DO NOT give our son to my ex for anymore weekends for the rest of the year because my ex is stating that he is using his vacation time every weekend of mine for the rest

I'm not seeing any question/s in your post. We don't normally second-guess your attorney.

 

[ogal]

Sorry it posted before i finished and you must have posted your response before i finished the rest of the post.

 

[CJane]

Really, your attorney is the best source for the sort of information you're seeking. We're not familiar with the climate of the local courts - your attorney is.

 

[ogal]

update on my case

I just wanted to give everyone an update on my case. Re read through previous posts if you aren't familiar, but we had court yesterday concerning contempt issues and also my lawyer filed another motion to terminate the shared parenting plan we agreed to on May 29th 2012, but filed and approved by the courts July 11th. Yes only a little less than 6 months ago. So yesterday we had an actual hearing which I wasn't expecting but after 3 hours the judge stated there had been significant change in circumstances to modify the shared parenting plan. I was surprised because from what I hear on here is that it's very hard to do something like this. All I really wanted was him to be found in contempt on the using 14 (days of vacation) instead of 2 weeks and I wanted make-up-visitation because to this day I have no even had my son for the past 5 weekends. The GAL was at the hearing even though she was not technically appointed to the case yet, my lawyer asked her to be there. I feel that the only reason the case was reopned is because of her, she had a lot to say. Even at one time stating that in her 16 years of being a lawyer had she never had a case as high conflict as ours.

The contempt issues weren't even addressed though, even though they did play part in the change of circumstances case presented. Anyone know is this normal? I asked my lawyer why and she really never answered me.Stated they would be addressed at a later hearing. Maybe cause the case was reopened. The judge did suspend any vacation time between the both of us from here on out but didn't help with the past 5 weekends. The judge also clarified the visitation order to my ex stating he needed to follow it which my ex didn't like. My ex was pro se' also.

Also my ex got sentenced this am to jail time. 6 days in jail and 74 work release. This wasn't known at yesterdays hearing because sentencing was this am but the judge was aware he had his 4th DUI. Anyone have thoughts on this and history what happens to visitation? I've never had to deal with an ex actually being in jail or work relase. thanks

 

[Proserpina]

Mom, really - you have an attorney.

We cannot second-guess your attorney.

 

[ogal]

Mom, really - you have an attorney.

We cannot second-guess your attorney.

I'm sorry if anyone thinks I'm asking to second guess my laywer. I am not asking that at all.

 

[gam]

Is there further court dates? Has the GAL now been assigned and if so, what is going to occur with the GAL?

Does your ex have visitation during the 6 days he will be in jail? If your ex can't make visitation because he is in jail, he loses those days. You don't have to make them up, because he can't use them, that's his problem. If you meant about visitation after he gets out, it goes back to normal, except I would find out if his license was suspended. Only way I can see how it would affect future visitation, is if his license is suspended, then he can't pick up or drop off child for his visitation. But he can get a third party to do this for him, or you can get the child to him and pick the child up.

Your free to bring up his driving record in future hearings, but ones with poor driving records still get parenting time.

Your post is a little vague on the questions you asked, so hard to answer.

 

[LdiJ]

I'm sorry if anyone thinks I'm asking to second guess my laywer. I am not asking that at all.

The problem is that your case is a very complicated one with a lot of nuances...and your ex appears to respect no boundries or scheduling at all. Its really impossible for us to guess how your local judge is going to react to your ex. Your attorney is in a much better position to do so.

 

[ogal]

My last thread was closed so I'm giving an update here. We had court yesterday on my contempts and on my ex's. All of mine were dropped and he was found guility on his. Also I had a pending psych eval motion filed by ex, which was grated that we both do the psych eval on my ex's dollar. Any info on the psyc eval would be appreciated. I feel this is kinda silly only because I hear so many people talk on here that they are subjective. Do they really have a bearing on custidy/visitation? I have no doubt that the psyc eval will show my ex is a sociopath, but what dose that prove in the courts eye? Anyone ever having one or experience with a court case having one would be appreciated. Thanks

 

[Ohiogal]

My last thread was closed so I'm giving an update here. We had court yesterday on my contempts and on my ex's. All of mine were dropped and he was found guility on his. Also I had a pending psych eval motion filed by ex, which was grated that we both do the psych eval on my ex's dollar. Any info on the psyc eval would be appreciated. I feel this is kinda silly only because I hear so many people talk on here that they are subjective. Do they really have a bearing on custidy/visitation? I have no doubt that the psyc eval will show my ex is a sociopath, but what dose that prove in the courts eye? Anyone ever having one or experience with a court case having one would be appreciated. Thanks

Speaking from both a GAL and Attorney prospective, yes they have a bearing depending on the outcome. Don't guess what the psych eval will show on your ex. And if he is a psychopath, it depends. I say that because it depends on how that has shown to negatively affect parenting. If there is nothing with that that affects PARENTING (not relationship with you but parenting) in a dangerous way, he may keep visitation/custody as it is.

 

[ogal]

Thank you for your response Ohiogal.

 

[ogal]

question and update

Giving an update and need to ask another question. We have finished our psych evaluations, but the results will not be released to the court until the balance is paid in full. We have a hearing set in 6 weeks for whom is to pay the remainder of the balance. I objected from the beginning of the psych eval due to the cost, but the judge ordered the psych eval on both of us as long as my EX paid the bill. Which he did put up the deposit, but has not paid the remained of the bill and that's why we are having a hearing. I am unsure if we will have a hearing or what will happen tho because my ex's 2nd lawyer just quit.

My question is how am I supposed to handle this situation? I am getting married, moving and have already changed my jobs. My lawyer states we have to follow the current visitation order until the courts change it. Which I planned on doing and completely understand legally. Which I am moving 25 min west of my ex and currently I live 20 minutes east of him. Our court order states: the father will have companionship time with the minor child starting Thursday at 7:30 am until Friday am at 7:30am where exchanges take place at the gas station in their local town. The order also states: while either party is at work the minor child shall be at the YMCA during open hours. With my new job on some Thursdays I have to be to work at 7am and the last couple Thursdays I have been communicating with my ex through the court ordered website our family wizard letting him know I will be dropping our son off at the YMCA on Thursday AM because as I can't meet at 7:30 am if I have to be to work at 7am. My ex informed me today he would not be doing this anymore and expected me to be at the pick up at 7:30. I feel that this is a double ended sword and I'm damned if I do and I'm damned if I don't. Before anyone jumps and says well why don't you meet your ex earlier. I have in the past made arrangements and he agreed, but my ex was late even after he agreed to meet me early, and I was once again late for work. And he continues to be late almost 30 minutes to every exchange even when we do meet at 7:30 am. I am at a loss and unsure what to do because I feel I am following the court order by taking our son to the YMCA because I am at work, but also the court order states we are supposed to meet at 7:30am. FYI the YMCA is only a couple blocks away from the gas station we meet at. And previously to this, which I have the texts saved. I have 3 text messages in the past 2 months where my ex would text me at 7am and ask me to drop our son off at the Y instead of meeting. Which I did. Just don't know what to do. Thanks in advnace

 

[Ohiogal]

Giving an update and need to ask another question. We have finished our psych evaluations, but the results will not be released to the court until the balance is paid in full. We have a hearing set in 6 weeks for whom is to pay the remainder of the balance. I objected from the beginning of the psych eval due to the cost, but the judge ordered the psych eval on both of us as long as my EX paid the bill. Which he did put up the deposit, but has not paid the remained of the bill and that's why we are having a hearing. I am unsure if we will have a hearing or what will happen tho because my ex's 2nd lawyer just quit.

My question is how am I supposed to handle this situation? I am getting married, moving and have already changed my jobs. My lawyer states we have to follow the current visitation order until the courts change it. Which I planned on doing and completely understand legally. Which I am moving 25 min west of my ex and currently I live 20 minutes east of him. Our court order states: the father will have companionship time with the minor child starting Thursday at 7:30 am until Friday am at 7:30am where exchanges take place at the gas station in their local town. The order also states: while either party is at work the minor child shall be at the YMCA during open hours. With my new job on some Thursdays I have to be to work at 7am and the last couple Thursdays I have been communicating with my ex through the court ordered website our family wizard letting him know I will be dropping our son off at the YMCA on Thursday AM because as I can't meet at 7:30 am if I have to be to work at 7am. My ex informed me today he would not be doing this anymore and expected me to be at the pick up at 7:30. I feel that this is a double ended sword and I'm damned if I do and I'm damned if I don't. Before anyone jumps and says well why don't you meet your ex earlier. I have in the past made arrangements and he agreed, but my ex was late even after he agreed to meet me early, and I was once again late for work. And he continues to be late almost 30 minutes to every exchange even when we do meet at 7:30 am. I am at a loss and unsure what to do because I feel I am following the court order by taking our son to the YMCA because I am at work, but also the court order states we are supposed to meet at 7:30am. FYI the YMCA is only a couple blocks away from the gas station we meet at. And previously to this, which I have the texts saved. I have 3 text messages in the past 2 months where my ex would text me at 7am and ask me to drop our son off at the Y instead of meeting. Which I did. Just don't know what to do. Thanks in advnace

So when are you moving? Have you filed the proper notice of relocation with the courts? What does your lawyer state regarding that? Your ex does not have to agree to anything but that which is in the court order. Looks like your attorney needs to file for an immediate modification. And you are aware that if the shared parenting plan is found NOT to be in the child's best interest, dad could also become the child's primary custodian if he wants to do so?

 

[stealth2]

It would be helpful to know the exact wording of the order regarding exchanges. I suspect the intent of the provision wrt the Y was for it to be childcare, rather than a meas of exchange. Who is paying for the Y?

Did you not discuss this situation with your new employer when offered the job?