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  1. #1
    TinkerBelleLuvr is offline Senior Member
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    What does a Motion To Clarify do?

    What is the name of your state? Michigan

    Most of you know that I deal with an UNREASONABLE X. It has been suggested that I file a "Motion to Clarify". Google has NOT been my friend here.

    I don't want to open up the court order unless I absolutely have to.

    This post is the lastest of our encounters.
    [url]http://forum.freeadvice.com/showthread.php?t=389065[/url]

    I sent my daughter north per court order. I purchased return ticket (as per court order) for Sunday night late into the nearest airport to me (35 miles). Dad purchased return for Monday night. Child came into airport 11:20 PM that is located 90 miles from home. She arrived home at 1:15 AM. She had to be up at 7AM for school. In my book - over the top unreasonable. (Child is 11 yo.) She made it to school on Tuesday, but nearly fell asleep. The whole lack of sleep made her sick, so I had a mother/daughter bonding time at work today.

    Since the older child is no longer in the picture, he now thinks that we have joint PHYSICAL custody of the child. The court order says that I have physical custody of the child. Since the older child doesn't have to participate in the holiday rotation, he now thinks that he should get 100% of summer vacation and every holiday and school break. He has stated that I cannot travel on vacation outside of either the state of Florida or Michigan because I have a domicile clause.

    Since I still have 7 years of this to go, I'm wondering what a 'motion to clarify' would do for me? Does a judge expound on the points in another court order? Does the judge spell it out with time frames? The FOC is VERY tired of us. The judge is tired of us. I'm tired of all of this, but am now refusing to play dead for this man anymore to just placate him.

    In addition, I wondered if a judge could order us to have a "custody coach". This person would be presented travel dates AND times, etc, and they would have the final say so.

    I plan on him having a gasket blowout when I inform him that I AM going on vacation to California with SweetPea. It's on MY turn for Spring Break. He blew our plans out of the water in August during MY half of summer break. I will NOT be requesting his "permission" to go.
  2. #2
    wileybunch is offline Senior Member
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    Don't know if I can answer your question, but good on you for not asking Father May I for your vacation with SweetPea. Just tell him what he needs to know when he needs to know (per CO) and have fun!
  3. #3
    LdiJ is offline Senior Member
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    65,379
    Quote Originally Posted by Ginny J View Post
    What is the name of your state? Michigan

    Most of you know that I deal with an UNREASONABLE X. It has been suggested that I file a "Motion to Clarify". Google has NOT been my friend here.

    I don't want to open up the court order unless I absolutely have to.

    This post is the lastest of our encounters.
    [url]http://forum.freeadvice.com/showthread.php?t=389065[/url]

    I sent my daughter north per court order. I purchased return ticket (as per court order) for Sunday night late into the nearest airport to me (35 miles). Dad purchased return for Monday night. Child came into airport 11:20 PM that is located 90 miles from home. She arrived home at 1:15 AM. She had to be up at 7AM for school. In my book - over the top unreasonable. (Child is 11 yo.) She made it to school on Tuesday, but nearly fell asleep. The whole lack of sleep made her sick, so I had a mother/daughter bonding time at work today.

    Since the older child is no longer in the picture, he now thinks that we have joint PHYSICAL custody of the child. The court order says that I have physical custody of the child. Since the older child doesn't have to participate in the holiday rotation, he now thinks that he should get 100% of summer vacation and every holiday and school break. He has stated that I cannot travel on vacation outside of either the state of Florida or Michigan because I have a domicile clause.

    Since I still have 7 years of this to go, I'm wondering what a 'motion to clarify' would do for me? Does a judge expound on the points in another court order? Does the judge spell it out with time frames? The FOC is VERY tired of us. The judge is tired of us. I'm tired of all of this, but am now refusing to play dead for this man anymore to just placate him.

    In addition, I wondered if a judge could order us to have a "custody coach". This person would be presented travel dates AND times, etc, and they would have the final say so.

    I plan on him having a gasket blowout when I inform him that I AM going on vacation to California with SweetPea. It's on MY turn for Spring Break. He blew our plans out of the water in August during MY half of summer break. I will NOT be requesting his "permission" to go.
    Actually, I see this more as a motion to modify the parenting schedule to set out specific dates for parenting time, and to add specifics regarding travel and travel expenses.

    However....since he is likely to blow a gasket over you traveling to CA for Spring break, you could adopt the other plan we discussed. You could plan for him to have the second half of the summer break, so that you would for sure get your share of summer (and unfortunately deal with him returning her at the last minute) and let HIM be the one to file something....which may happen if he blows a gasket over Spring Break.

    Then you can deal with your issues as a response to whatever he files. The beauty of that is that he will look like a fool to the court for filing anything because you took a vacation to CA, and then when you respond with your laundry list of problems, it will just add another nail to the coffin.

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