As my former wife refused to allow modification of a no contact order to no violent contact (and because I don't trust her to make false domestic violence accusations again) the criminal court judge
signed an order allowing supervised exchange of our daughter at the guardhouse of my ex's gated development. The arrangment has been free of incidents for about six weeks, every Wednesday night and alternate weekends. Now, the property owners association and the security company have sent a letter asking us to discontinue the practice. This arrangement was the idea of the ex and her parents who own the home in the development.
My preference would have been through the county Family Connections office, however that supervised exchange limits me to only the weekend slots.
My ex does not want to travel to the courthouse twice every other weekend (it's about the same distance as I travel now, around 45 minutes) and is desperate to get around the POA and security and her lawyer requested that I attempt to gain access to the property last evening to make the exchange in the vicinity.
He felt the security could not deny my access if the resident gave permission when I arrived. They did. I ended up calling the Sheriff, waiting over an hour to finally get my child and waiting another 45 minutes on the return to get her back to her mom.
Does the POA have the right to bar me from the property without cause? Do I have cause for action against them? I know my former father in law is furious at the POA and also sits on the board but he obviously is having no luck in that position either.
He was almost arrested last night for screaming at the security guards in presence of the Sheriff. (that would have been a shame).
Unless they get this straigtened out I plan on going back to the judge and insisting on exchange through the county. I hate to lose the weekday visits but my daughter and I both agreed last night that sitting there waiting for the sheriff and the nonsense is
ridiculous.
signed an order allowing supervised exchange of our daughter at the guardhouse of my ex's gated development. The arrangment has been free of incidents for about six weeks, every Wednesday night and alternate weekends. Now, the property owners association and the security company have sent a letter asking us to discontinue the practice. This arrangement was the idea of the ex and her parents who own the home in the development.
My preference would have been through the county Family Connections office, however that supervised exchange limits me to only the weekend slots.
My ex does not want to travel to the courthouse twice every other weekend (it's about the same distance as I travel now, around 45 minutes) and is desperate to get around the POA and security and her lawyer requested that I attempt to gain access to the property last evening to make the exchange in the vicinity.
He felt the security could not deny my access if the resident gave permission when I arrived. They did. I ended up calling the Sheriff, waiting over an hour to finally get my child and waiting another 45 minutes on the return to get her back to her mom.
Does the POA have the right to bar me from the property without cause? Do I have cause for action against them? I know my former father in law is furious at the POA and also sits on the board but he obviously is having no luck in that position either.
He was almost arrested last night for screaming at the security guards in presence of the Sheriff. (that would have been a shame).
Unless they get this straigtened out I plan on going back to the judge and insisting on exchange through the county. I hate to lose the weekday visits but my daughter and I both agreed last night that sitting there waiting for the sheriff and the nonsense is
ridiculous.
