Help interpreting order

[escape2paradise]

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

Finally I have a signed order. I am having a little trouble understanding if supervised visits are automatic or does the X have to pass a follicle test first.

My order reads

"Commencing August 1, 2008, pending father’s compliance with all the conditions of paragraph 3.10, daytime visits on the second and fourth weekend from 9 am to 5 pm per subject to paragraphs 3.10 (A) and 3.10 (B)."

Then paragraphs A and B read:

"A. Until father complies with all the requirements of Paragraph 3.10, father’s residential time with the child shall take place at the paternal grandmother’s house or other location in the (town she lives in) area agreed by the parties. Father's visitation shall be supervised by his mother or by such other family member as the parties may agree. These visits shall occur on the second and fourth weekends of the month so long as there is available supervision.

B. The Father shall submit to hair follicle testing at a court-approved facility every ninety days, and if the results are positive or if the father fails to submit to the tests, visitation shall be suspended pending further court action. Father shall sign the necessary release forms so that the testing results will be released to the mother or the mother’s attorney of record."

Does dad have to take a follicle to even have supervised?

 

[Isis1]

well, this is just my layman two cents.

supervised visits are to happen. drug tests are to happen. if dad comes back with a dirty test, or refuses to take his test then ALL visits are to stop.

 

[TinkerBelleLuvr]

pending father’s compliance with all the conditions of paragraph 3.10

Means he must comply with A & B. B says he is supposed to take the follicle test.

 

[CourtClerk]

Nope... I read that supervised visits happen, and are suspended if dad fails or refuses to take the test.

 

[CourtClerk]

And let me just say.... that 9 - 5 is a LONG time for me to supervise ANYONE'S visitation... unless we can go to the amusement park

 

[TinkerBelleLuvr]

or if the father fails to submit to the tests, visitation shall be suspended pending further court action.

No testy, no visity. Ball is in dad's court.

 

[CourtClerk]

No testy, no visity. Ball is in dad's court.

I agree... however, paragraph A says:

Until father complies with all the requirements of Paragraph 3.10, father’s residential time with the child shall take place at the paternal grandmother’s house or other location in the (town she lives in) area agreed by the parties. Father's visitation shall be supervised by his mother or by such other family member as the parties may agree.

Another not so clearly written order... *sigh*

 

[TinkerBelleLuvr]

"Commencing August 1, 2008, pending father’s compliance with all the conditions of paragraph 3.10, daytime visits on the second and fourth weekend from 9 am to 5 pm per subject to paragraphs 3.10 (A) and 3.10 (B)."

One of the conditions is testing. No testing, no visiting.

 

[LdiJ]

One of the conditions is testing. No testing, no visiting.

"Commencing August 1, 2008, pending father’s compliance with all the conditions of paragraph 3.10, daytime visits on the second and fourth weekend from 9 am to 5 pm per subject to paragraphs 3.10 (A) and 3.10 (B)."

I agree. The bolded portion makes that crystal clear.

 

[escape2paradise]

Maybe I should have clarified a bit. The first part I quoted is listed under the school schedule. It outlines dads normal visitation every 2nd & 4th weekend. Then it outlines the conditions in the quote. Thus the word "pending". So pending dads compliance w/ paragraph 3.10 he has to have visits as stated in 3.10 A & B.
The way I'm reading is that dad has to test in order to have the supervised visits, but when I asked my attorney about this he said he did'nt have to test for the suppervised only if he wants unsuppervised. I didn't point out the wording of the order so I'm wondering if he just didn't remember the exact wording at the time.
Sorry if this isn't as clear as it could be. I'm posting from my blackberry.

 

[LdiJ]

Maybe I should have clarified a bit. The first part I quoted is listed under the school schedule. It outlines dads normal visitation every 2nd & 4th weekend. Then it outlines the conditions in the quote. Thus the word "pending". So pending dads compliance w/ paragraph 3.10 he has to have visits as stated in 3.10 A & B.
The way I'm reading is that dad has to test in order to have the supervised visits, but when I asked my attorney about this he said he did'nt have to test for the suppervised only if he wants unsuppervised. I didn't point out the wording of the order so I'm wondering if he just didn't remember the exact wording at the time.
Sorry if this isn't as clear as it could be. I'm posting from my blackberry.

If that is the exact wording, then I still think that he has to begin testing before visitation starts. It specifically states that ALL visitation will be suspended if he comes back with a dirty test. That, combined with the wording in the first sentence honestly makes it crystal clear.

I think that your attorney is forgetting what the wording actually says.

 

[Isis1]

okay, maybe i have escapes history a bit mixed up. it is my understanding that visitation is alreading occuring. supervised with grandma anyway. so when is dad's first test?

 

[escape2paradise]

okay, maybe i have escapes history a bit mixed up. it is my understanding that visitation is alreading occuring. supervised with grandma anyway. so when is dad's first test?

Actually dad hasn't had any court ordered visitation since June of 07. However he has had two supervised visits since then. One on Halloween at his request and one on Christmas that I arranged with his mom. His family sees DD all the time though he doesn't know that. He's forbidden them all to see her since he doesn't so nobody mentions her visits. Twisted if you ask me, but I guess they don't want to incur his wrath so that's how they deal.

Now that he has court ordered visits, I'm wondering exactly my obligation. I thought per my attorney that he would have supervised regardless, but I don't think that the order says that. I think he has to take and pass the follicle. I'm also contemplating that even if the order requires that, should I enforce it. I know if I went ahead and allowed visits anyway that I am setting up for a status quo situation. I'm less concerned with drug usage if dad is supervised. What I am concerned with is the things dad says to DD and his need to alienate her from me. I don't want to set up a status quo situation where visitation is required even if grandma can't keep dad from talking. I'm open too opinions on that as I truly am at a loss for what I should do.

ETA: as far as I know dad doesn't intend to take a follicle. He can't pas one.

 

[LdiJ]

Actually dad hasn't had any court ordered visitation since June of 07. However he has had two supervised visits since then. One on Halloween at his request and one on Christmas that I arranged with his mom. His family sees DD all the time though he doesn't know that. He's forbidden them all to see her since he doesn't so nobody mentions her visits. Twisted if you ask me, but I guess they don't want to incur his wrath so that's how they deal.

Now that he has court ordered visits, I'm wondering exactly my obligation. I thought per my attorney that he would have supervised regardless, but I don't think that the order says that. I think he has to take and pass the follicle. I'm also contemplating that even if the order requires that, should I enforce it. I know if I went ahead and allowed visits anyway that I am setting up for a status quo situation. I'm less concerned with drug usage if dad is supervised. What I am concerned with is the things dad says to DD and his need to alienate her from me. I don't want to set up a status quo situation where visitation is required even if grandma can't keep dad from talking. I'm open too opinions on that as I truly am at a loss for what I should do.

I think that you should try to get a face to face meeting with your attorney, with the order in hand, to go over exactly what it says.

 

[TinkerBelleLuvr]

Escape, has dad asked to USE the parenting time?