Served yet ONCE AGAIN...

[yolandanewell]

What is the name of your state? California....

I have been served with a request, once again and on the heels of 3 denials of the same requsts, for increased visitation time by my ex husband.

He is currently in contempt of the orders for child support and failure to pay. I filed contempt charges in 2007 and since then it has been a rabid battle of the he said she said.

He was convicted of contempt (failure to pay child support) in February of this year.

He has failed to pay the purge terms of that conviction and his review of that is on June 4.

Judge D (has been deployed to Iraq) had told him at our last hearing in February that he he would not entertain any further requests for visitation modification.

Since Judge D is gone my ex husband has filed knowing that the "new" judge is not.

I've been advised here (prior to this last filing) that he may not be deemed as a vexatious litigant - my question is this..

HOW DO I GET HIM TO STOP THIS????? Now we are in front of a new judge and my exhusband has pulled no punches with his latest filing... how on earth do I convince the court that it has only been since I initially filed for contempt that my ex husband started this campaign???

I'm losing wages, sanity

What do I do??

 

[LdiJ]

What is the name of your state? California....

I have been served with a request, once again and on the heels of 3 denials of the same requsts, for increased visitation time by my ex husband.

He is currently in contempt of the orders for child support and failure to pay. I filed contempt charges in 2007 and since then it has been a rabid battle of the he said she said.

He was convicted of contempt (failure to pay child support) in February of this year.

He has failed to pay the purge terms of that conviction and his review of that is on June 4.

Judge D (has been deployed to Iraq) had told him at our last hearing in February that he he would not entertain any further requests for visitation modification.

Since Judge D is gone my ex husband has filed knowing that the "new" judge is not.

I've been advised here (prior to this last filing) that he may not be deemed as a vexatious litigant - my question is this..

HOW DO I GET HIM TO STOP THIS????? Now we are in front of a new judge and my exhusband has pulled no punches with his latest filing... how on earth do I convince the court that it has only been since I initially filed for contempt that my ex husband started this campaign???

I'm losing wages, sanity

What do I do??

You respond to this latest motion by outlining (with copies of the appropriate documents) everything that has happened since you filed for contempt against him for not paying his child support. You include the information that your previous judge stated that he would not entertain any further motions for visitation modification. You then ask that the case be dismissed.

The judge may not dismiss the case, he/she may prefer to hear it, but at least there will be no confusion about what has been going on.

 

[Ohiogal]

You don't. He has a right to file for increased visitation.

Edited to add: What Ld stated as well.

 

[yolandanewell]

His repeated requests make no sense

Not to mention that whichever way he twists them his increased time for visitation has been repeatedly denied - so he changes times, days and wording and files again

To begin with he insists that I be, once again, in his town one hour away during my hours of business... impossible and I know the mediator will say "no no"...

Our daughter begins school in under 8 weeks (she has now turned 4) - he requests that she stays with him (one hour away) 5 days per week.

The requests are all ridiculous to be honest with you - I'm sure, as usual, they will be denied... I've requested time and time and time again that he be sanctioned for my lost wages... nothing ever happens...

I'll keep at it... however it sure would be nice if A. This man would be held ACCOUNTABLE for his actions and B. If I could get at least ONE MONTH of full time, uninterrupted pay at my job - which, because of court, I have not been able to do in ONE YEAR... he pulls me into court on average of once a month...and he's allowed to... very frustrating.

Thank you for your replies...

 

[CourtClerk]

Judge D (has been deployed to Iraq) had told him at our last hearing in February that he he would not entertain any further requests for visitation modification.

You need a copy of the transcripts of that hearing, and that should be included in your response.

Then, stop acting like his filing this and that is new and stop stressing yourself out. At this point, I have no idea why any of this is bothering you, except for the fact that it's a pain in the butt to deal with, it's par for the course for him.

Respond, go to the hearing, let him get denied (again), and go home. I'd consider hiring an attorney and asking for attorney's fees for each and every hearing. They'll start getting granted, and he'll slow down on his filings.

 

[yolandanewell]

Can I just say....

You need a copy of the transcripts of that hearing, and that should be included in your response.

Then, stop acting like his filing this and that is new and stop stressing yourself out. At this point, I have no idea why any of this is bothering you, except for the fact that it's a pain in the butt to deal with, it's par for the course for him.

Respond, go to the hearing, let him get denied (again), and go home. I'd consider hiring an attorney and asking for attorney's fees for each and every hearing. They'll start getting granted, and he'll slow down on his filings.

THANK YOU!!! You always have a wonderful way of snatching me off of the pity pot. To answer your question... It is not the repeated filings that is so much of a hinderance as the anticipation of his requests actually being GRANTED.... I get worked up and worked up over that possibility - because it is dumb to assume that he may not get one through one day... this is where the getting worked up comes from - then once his requests are denied I get a little worked up over the fact that he's not helping me in any way shape or form financially - in spite of COURT ORDERS yet I get to miss my payroll hours to entertain his frivolity.....

How do I get the TRANSCRIPT of a hearing?

 

[CourtClerk]

How do I get the TRANSCRIPT of a hearing?

Either call the courtroom and ask for the court reporter or call the Family Law Department and ask for the number to the court reporter's office. Tell them you need to order a copy of the transcript (have the date, case number and case name available). You'll need to prepay.

Should be ready in a couple of days.

 

[yolandanewell]

Thank you...

Either call the courtroom and ask for the court reporter or call the Family Law Department and ask for the number to the court reporter's office. Tell them you need to order a copy of the transcript (have the date, case number and case name available). You'll need to prepay.

Should be ready in a couple of days.

Will do... thanks

 

[yolandanewell]

You're almost rid of me!

As it turns out my ex-husband is excessively qualified for and meets the standards of a vexatious litigant. After this last service of modification request, coupled with the fact that he failed to return our daughter after visitation for 3 days post the end of his visitation time last weekend, coupled with the fact that he AND the girlfriend spread their wrath throughout 2 police departments, my attorney's office and my job, physically restraining our daughter from running to me when I went to pick her up from the police station in his hometown and in front of a lobby full of officers... this case will come to a halt very soon.

He failed to show at his contempt review 6/4 warrant issued, stayed till 8/28 in order for us to take care of the VL hearing

One more hearing (this latest that he perpetuated) on the 26th. The V.L. request will also be heard at this haering. I will appear with legal counsel, present the CPS complaints, false police reports, premise history and dates, outlined repeated legal requests that have perpetuated court appearances and disrupt, ... it has taken SO MUCH TIME... however now the behavior that at one time he only displayed to me.... he's now raised the curtain for all to see.

Just in time!!!! Baby starts school this year... hopefully we can move forward now...

 

[casa]

As it turns out my ex-husband is excessively qualified for and meets the standards of a vexatious litigant. After this last service of modification request, coupled with the fact that he failed to return our daughter after visitation for 3 days post the end of his visitation time last weekend, coupled with the fact that he AND the girlfriend spread their wrath throughout 2 police departments, my attorney's office and my job, physically restraining our daughter from running to me when I went to pick her up from the police station in his hometown and in front of a lobby full of officers... this case will come to a halt very soon.

He failed to show at his contempt review 6/4 warrant issued, stayed till 8/28 in order for us to take care of the VL hearing

One more hearing (this latest that he perpetuated) on the 26th. The V.L. request will also be heard at this haering. I will appear with legal counsel, present the CPS complaints, false police reports, premise history and dates, outlined repeated legal requests that have perpetuated court appearances and disrupt, ... it has taken SO MUCH TIME... however now the behavior that at one time he only displayed to me.... he's now raised the curtain for all to see.

Just in time!!!! Baby starts school this year... hopefully we can move forward now...

As CC said, order the transcripts of the hearing where the Judge said he would entertain no further motions. Although, I have no idea why a Judge would say such a thing. A parent in CA can motion to modify for increased visitation until the child is 18. I'm not saying the other parent's requests are 'reasonable', but increased parenting time is not a ridiculous thing to ask for. At All.

CS and Visitation are separate animals, so the CS issue has NOTHING to do with the other parent wanting more time with the child. Just so you know.

A Vexatious Litigant (which is what you are referring to) counts when it is COSTING you to respond/appear. Is it? And, to my knowledge, I've NEVER seen a parent be deemed vexatious over visitation modification. False allegations, yes. But for visitation? No.

And, why have you not filed with CSE (Child Support Enforcement)? They have the ability to garnish his wages, suspend his license, jail him, etc. for failure to pay CS. Why are you running back to Family Court every time he's late on CS? That's just spinning your own wheels hun.

 

[yolandanewell]

Oh he certainly qualifies...

I have 6 orders (within the last two years) of his utilizing the court system to harass us. I've not ran to court everytime with lack of child support I've done it once... once when the order was issued and 3 years later with contempt for failure to pay (which was a big error, understood... should have filed motion to compel... that's water under the bridge at this point)

Judge said what he said because we'd been in front of him no less than 6 times since August of '07 (he said this in February) our appearance generated by my ex husband to REHASH his want for week on week off visitation (after contempt was served).

Absolutely he has the right to increase visitation IF it is beneficial for our daughter... at the time he started this she was two and mediator after mediator and judge after judge explained to him that that sort of schedule was innappropriate for a baby. He's been told EVERY TIME that substantial amounts of time away from home can be discussed when she has school vacations and when it is age appropriate.

As for the costs that I've incurred because of his harassment... WAY ABOVE what even I thought... once you add up the attorney's fees, lost wages due to appearances to re-hash recently decided rulings, filing fees (prior to the fee waiver order) - even I gasped...

For false allegations... trust me.... numerous police reports with officer statement proving that the call was unwarranted (first one happened about two days after he was served with contempt), one premise history, inconsistent filings...

I do wholehearted understand that one has nothing to do with the other (CS and Visits)... however when a parent is being told again and again and again - we will not allow this child to hop from house to house on a weekly basis - and he STILL insists upon it... yet only AFTER child support has been pursued... the writing is on the wall...

DCSS is involved and the support has been taken care of as far as wage assignment and all of the other goodies.. that's now out of my house... what now needs to happen is forward motion - no more harassment or financial attacks via continued filings...

You may not have ever seen this happen (neither have I yet because we need to be seen on the issue) in custody matters - who knows, could be a first... none-the-less... I see an end to the mess...

 

[wileybunch]

at the time he started this she was two and mediator after mediator and judge after judge explained to him that that sort of schedule was innappropriate for a baby. He's been told EVERY TIME that substantial amounts of time away from home can be discussed when she has school vacations and when it is age appropriate.

Our daughter begins school in under 8 weeks (she has now turned 4) - he requests that she stays with him (one hour away) 5 days per week.

however when a parent is being told again and again and again - we will not allow this child to hop from house to house on a weekly basis - and he STILL insists upon it

At first I didn't understand why casa was telling you "increased parenting time is not a ridiculous thing to ask for" when I seemed to vaguely recall your ex putting in many motions within short period of time on this issue, but then given that your child is older, it's appropriate he's trying to get the increased time he has wanted all along. He's never been denied the increased time for any other reason except the child needed to be older and as 6 months or a year goes by, she is, without a doubt, older.

As for this, "we will not allow this child to hop from house to house on a weekly basis".
Why NOT?
And who is WE?

 

[yolandanewell]

She just turned 4 - and yes the magic age of 6 has been brought to his attention EVERY TIME he has requested mediating the week by week schedule... that age usually entails a child having a set length of time when they have vacations and what not. She begins pre-school in August, in my town and he is requesting that he keep her week on week off in his town one hour away

"We" was from the mediator...

 

[LdiJ]

She just turned 4 - and yes the magic age of 6 has been brought to his attention EVERY TIME he has requested mediating the week by week schedule... that age usually entails a child having a set length of time when they have vacations and what not. She begins pre-school in August, in my town and he is requesting that he keep her week on week off in his town one hour away

"We" was from the mediator...

The bottom line is that he has been shot down over and over and over and was basically told by the judge not to file again. That's a clear enough indication that he has been out of line, whether we know the details or not.

 

[wileybunch]

She just turned 4 - and yes the magic age of 6 has been brought to his attention EVERY TIME he has requested mediating the week by week schedule... that age usually entails a child having a set length of time when they have vacations and what not. She begins pre-school in August, in my town and he is requesting that he keep her week on week off in his town one hour away

"We" was from the mediator...

6 is a magic age for week on/week off? Since when? Why?

Set vacations and what not is another matter and is part of the consideration when there is a NCP with regular vanilla visitation, old school style. This father apparently wants to share parenting time. He's not going to stop trying for it and why should he?