What is the name of your state (only U.S. law)? Florida
In the most recent SUPPLEMENTAL FINAL JUDGMENT MODIFYING FATHERS PARENTING TIME it states that I am entitled to every other weekend with our children with a rotating holiday schedule. This year I got the second half of the summer.
Due to a severe illness in the family (my FIL suffered renal failure and the doctors didn't think he'd make it) my wife & I took the children to visit their step-grandfather for the summer. I allowed the X to know the situation and allowed her to know that I would be returning the children at the end of my portion of the summer at the previously agreed upon date, place and time. Her husband called back and said that they understood, sent their best wishes for my FIL's recovery and would see us at the time I specified.
The following day child protective services contacted me and informed me that X was concerned for the well being of the children and was afraid that I would not return the children at all. I was instructed to take the kids to the local sheriff's station for a visual inspection. I complied, the sheriff's office contacted the CPS worker to let them know the results of the inspection, and we were sent on our way.
2 days later X filed a motion for contempt stating, in part:
"...the court required the other party to: advise of change of address as required by law & to allow alternate weekend visits while our children are in his care during the summer months as verbally stated by [the judge]."
She went on to say (spelling and grammatical errors included):
"On July 23, 2008 at approximately 2:30 pm Sabrina from Dept. of Children and Families notified me at work requesting a working contact number and current address for [the former husband]. She advised that [my current home] was vacant. [the former husband] fled the state of Florida with our children without prior permission from me or the courts. I have no forwarding address or any idea as to the physical whereabouts of my children.
He left a message stating my weekends weren't on paper so he wasn't bringing our children for my visitation. Despite his insistance on his weekends during my half of the summer with them"
She then requested I be responsible for the fees connected with the motion, that I be incarcerated if found in contempt, and a writ of bodily attachment be issued if I do not appear at the hearing.
Prior to this event, I advised the courts of my whereabouts, including the address of the location we were staying in. It does not state in any of our paper work that I have to ask anyone's permission to take the kids out of state during my court ordered visitation, nor does it provide for her to have visitation during that time. I am typically amenable to giving her visitation, but due to being out of state it is just not feasible.
Does she have a case or has she just wasted $50 for a big fat slap upside the head?
In the most recent SUPPLEMENTAL FINAL JUDGMENT MODIFYING FATHERS PARENTING TIME it states that I am entitled to every other weekend with our children with a rotating holiday schedule. This year I got the second half of the summer.
Due to a severe illness in the family (my FIL suffered renal failure and the doctors didn't think he'd make it) my wife & I took the children to visit their step-grandfather for the summer. I allowed the X to know the situation and allowed her to know that I would be returning the children at the end of my portion of the summer at the previously agreed upon date, place and time. Her husband called back and said that they understood, sent their best wishes for my FIL's recovery and would see us at the time I specified.
The following day child protective services contacted me and informed me that X was concerned for the well being of the children and was afraid that I would not return the children at all. I was instructed to take the kids to the local sheriff's station for a visual inspection. I complied, the sheriff's office contacted the CPS worker to let them know the results of the inspection, and we were sent on our way.
2 days later X filed a motion for contempt stating, in part:
"...the court required the other party to: advise of change of address as required by law & to allow alternate weekend visits while our children are in his care during the summer months as verbally stated by [the judge]."
She went on to say (spelling and grammatical errors included):
"On July 23, 2008 at approximately 2:30 pm Sabrina from Dept. of Children and Families notified me at work requesting a working contact number and current address for [the former husband]. She advised that [my current home] was vacant. [the former husband] fled the state of Florida with our children without prior permission from me or the courts. I have no forwarding address or any idea as to the physical whereabouts of my children.
He left a message stating my weekends weren't on paper so he wasn't bringing our children for my visitation. Despite his insistance on his weekends during my half of the summer with them"
She then requested I be responsible for the fees connected with the motion, that I be incarcerated if found in contempt, and a writ of bodily attachment be issued if I do not appear at the hearing.
Prior to this event, I advised the courts of my whereabouts, including the address of the location we were staying in. It does not state in any of our paper work that I have to ask anyone's permission to take the kids out of state during my court ordered visitation, nor does it provide for her to have visitation during that time. I am typically amenable to giving her visitation, but due to being out of state it is just not feasible.
Does she have a case or has she just wasted $50 for a big fat slap upside the head?
hearings are set by those folks at the filing windows, however, I will tell you, MY judge reads EVERYTHING prior to the hearing. You want to respond ANYWAY to stop her from defaulting. Note to Ossy: RESPOND TO ALL motions she files.... even if they are bs. Oh... and clean up that language about you "allowed." The correct term is "informed."