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Emergency Motion filed-ignored

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mdonovin

Member
What is the name of your state?
new jersey

emergency motion filed Oct 5
i filed normal motion to enforce litigants rights as required on oct 4
ex wife is witholding my son by not supportng my rights to see my son

she says "he can go-I am not stopping him but he won't go because he's uncomfortable"
and "I won't force him to go where he doesn't want to go".
when i questioned her about my child's excuse she said "he didn't like to go to dad's house"
she did not dig down on him for further information. when i asked my child why he was uncomfortable he said he didn't like his bed...(of choice)...thats it-

other excuses from my son over the past 6 weeks include-"i have other things to do-so I am not going on(planned) vacation with you Dad"..."I don;t want to go"
police reports have been filed. twice in last 6 weeks for withholding my son from me.

there are no restraining orders, no violence and no abuse in the history of marriage or divorce...

understanding my ex was going to angrier and not more cooperative until the court date of Nov 2, I made a decison overnite and on oct 5 i asked for an emergency motion to assure my son was with me on this weekend

when I presented her with the emergent motion that afternoon (which said plaintiff needed to obey the original visitation terms) the ex wife (CP) said that was imposssible to get my child to me as planned that night ...i then said I would go get him right now....she said I will call the cops because you are taking him against his will...
she ran into the house and came out 10 minutes later saying someone told her to go the police station...i met her there and the officer was not to be bothered and asked ex if she would deliver child- she said yes the next day at 930AM...this was enough for police....
i am sure my son will NOT get in the car this AM and of course the ex wont support this anyway.

she refsues to teach my son about going with me on visitation, ignores the original divorce agreement terms and is now going to ignore the emergency motion...
since the OLD and New emergency motion does not spell out every responsibility she has she is choosing to intrerpret it her way and therefore it says nothing direct about "having to get my son to his Dad" or that he "has to go to Dad's house"
she is copping out to the "uncomfortablenes" of my son.


i am stuck....ideas?

thnx
md
 


Ohiogal

Queen Bee
File for full custody on the basis that mom is not encouraging and facilitating the relationship between child and father. How old is your son?
 

jstlivin

Junior Member
How old is the child? Do you have set visitation schedule? If so then the child and the cp have no choice! No mater the reason or the age if there is nothing changing the visitation.;)
 

CJane

Senior Member
'Cause God forbid a poster tries to keep all of the relevant info in one, easy to find place. :rolleyes:
Or answer questions. Go back through some of those threads when you have hours to spend reading incomprehensible typing. He almost never answers a question, if memory serves.
 

profmum

Senior Member
Wthout reading all of the background thaat CJane painstakingkly posted, I am not sure what emergency you filed that can be ignored?
In CO, an emergency motion that is GRANTED by the courts, immediately restricts the parenting time of the offending parent until a hearing is held and the issue resolved (hearing has to be given within 7 days during which time the offending parent can only have supervised visits with the child). The court can issue orders to have the police remove the child from the offending parents home and then the police will get involved.

So if you have filed a motion and the courts have not granted it, there is nothing you can do. just filing it does not ensure anything.

sounds like you have a good case for contempt which means it will take time to resolve and just because you want to see your son this weekend (and it your weekend per the CO), does not mean it will happen. I would go through the right channels and file for contempt, and yes that will probaby mean more missed time in the now, till the issue is resolved, but could very well result in a lot of make up parenting time
 

mdonovin

Member
Cjane is so helpful

what a disappointment you turned out to be CJane

if you have nothing positive or encouraging to add you should keep
your fingers out of the thread...

if I didn't care or didn't feel confused and helpless I would not be here on this forum
so dont disparage the feelings and actions of the people on this forum...

Judging people by their typed words is more a negative reflection on you than the writer..

Can't you just help people?
 

stealth2

Under the Radar Member
It would be much easier to help you if you kept things to a single thread instead of posting multiples. Then those of us who might know something about how things work here in NJ may be a bit more willing to spend the time helping you.
 

Ohiogal

Queen Bee
:rolleyes:
what a disappointment you turned out to be CJane

if you have nothing positive or encouraging to add you should keep
your fingers out of the thread...

if I didn't care or didn't feel confused and helpless I would not be here on this forum
so dont disparage the feelings and actions of the people on this forum...

Judging people by their typed words is more a negative reflection on you than the writer..

Can't you just help people?
Deal with it. Quite frankly. You do not get to dictate how people respond to your thread. You are here to learn. SO learn for crying out loud. And nice to see you have yet ANOTHER thread posted. :rolleyes:
 

TinkerBelleLuvr

Senior Member
OP - you may have lost this 'battle', but ultimately it does help prove contemptable behaviour in the end. You have a court date coming up. You have documented behaviours. It does not bode well for a CP when there are so many instances of her not encouraging her child to have a relationship with BOTH parents.

Sometimes things doing go as smoothly or quickly as we would like in the court system. I have dealt with a manipulative nasty ex for years. He worked hard at alienating my older daughter from me. Guess what - daughter won't have anything to do with dad anymore.

The key here is to find ways to foster a relationship with your son. Send him a funny card in the mail (kids LOVE getting mail.) Go to his sporting events and root for him. I know it won't seem like much right now, but it does in the end.
 

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