Past Deposition

[jshort1606]

What is the name of your state? AR

During my deposition for a previous modification petition my ex's attorney stated that "first right of refusal is if she hires a baby sitter or something then she has to give you the first right to be with the child." My ex failed to do that and refused to let me know on which days he would be at the baby sitters while she worked over the Christmas holiday. I found out he was there for 3 days and I was off and could have spent that time with him until she got off.

She told me that she emailed her attorney and he said she didn't have to let me spend that time with our son since it was her time. I am a little confused because as he stated in my deposition she has to give me the right to be with him as per the first right of refusal in our custody agreement

This and among other things that she has done and previous attempts to get her to comply with our court orders has just contiued to break down and when there is a disagreement she uses visitation as a way of trying to get some sort of upper hand or uses that her attorney says so.

My Question here is if I decide to petition the court to have her held in contempt, can her attorneys statement to me regarding first right of refusal after I answered a question of his in my deposition be reread in court?

 

[fairisfair]

pull out your court orders and look for the right of first refusal. Is it there, what does it say?

 

[CJane]

During my deposition for a previous modification petition my ex's attorney stated that "first right of refusal is if she hires a baby sitter or something then she has to give you the first right to be with the child."

This is completely out of context of the transcript, but it sounds to me like the attorney was simply defining for you what ROFR is not saying it was or would be part of your order.

IS it part of your order? If it is, it will be clearly spelled out.

 

[jshort1606]

"The parties that it is in the best interest of the child to be with one parent or the other if possible, and by reason thereof, Plantiffand Defendant shall have the first right of refusal for all child care needs."

"Defendant shall also have the right to pick up the child from school and/or daycare until no later than 5:30." (I get off a few hours before her so I pick our son up everyday until she gets off).

What she is trying to do is that attached to these areements is a standard visitation schedule that we follow for EOE and Holidays that states:

"Regular weekend visitations begins at 6:00pm on Friday and ends at 6:00 pm on Sunday, and shall continue throughout the summer, but is superseded by any holiday or special occasion visitation as listed in this schedule."

She says that her christmas supersedes first right of refusal and picking him up but they are not apart of that schedule. These were sepearate agreements.

 

[fairisfair]

it appears that you do in fact have right of first refusal, however, it certainly should have been made clearer, for example how long is the time period for right of refusal, if mom runs to the store for 15 min. does that mean she has to call you first, not saying that is the case here, but just an example. My suggestion, is to copy that portion of the order and send it with a letter, certified and return receipt requested, inform mom that it is your intention to exercise your right of first refusal at any time that the time away from both parents is to be in excess of x hours. Advise her that her refusal to comply with the court order will result in you taking legal action to enforce it.

Seriously, this isn't time for court, not yet.

 

[Ohiogal]

Christmas is only one day -- December 25th. Tell me now what she did wrong.

 

[jshort1606]

Christmas is only one day -- December 25th. Tell me now what she did wrong.

It was at least 3 days of that week not christmas day if you would of read my post. Now you tell me what she did wrong?

 

[jshort1606]

Seriously, this isn't time for court, not yet.

Yea I really don't want to head that direction at all. She already has been in contempt for some other things and I decided to go ahead and settle things with her to settle my modification petition in hopes that she would stop using using our child in disagreements. I am just trying to keep things documented if she continues.

She also loves to use "my lawyer said so" line which doesn't mean much to me.

 

[Ohiogal]

It was at least 3 days of that week not christmas day if you would of read my post. Now you tell me what she did wrong?

You stated that she said holiday visitation superceded the ROFR. EVEN if that was true Christmas is December 25. One day. Now do you comprehend?