Ex Parte for holiday visitation denial/clarification?

[Silverplum]

Frankly the order can be interpreted as the opposite party being the same in both instances. So it is not clear. Having said that, you will not get an ex parte hearing for vacation time. My ex tried the exact same thing last year for his misinterpretation of the vacation time and the hearing was not granted.

You are on dangerous ground: you are in no position whatsoever to make flat-out declarative statements such as these. Particularly not when your position rests upon the fact that your X, halfway across the country from PSD, did not get an ex parte hearing.

 

[truebluemd]

OP....What do you expect to come out of the ex parte?.... they give her a warning not to mess with your time? Ex parte orders are for when the child is in danger or at risk of being in danger or kidnapping. Mom is not threatening to kidnap the child. Thats your assumption. She is flat out threatening to deny you visitation and I am sure that is common in the world of custody between parents that dont get along. No one can stop her from being a beyotch but her.I really don't see you getting onebut but if you feel its worth a try then go for it.

Good that you are preparing yourself.

Ex parte, no. Contempt, yes if she denies you. Kidnapping conviction, No. Pissing the judge off too many times with her nonsense.....possible change of custody you. Let her dig her own hole and then you do what is necessary.

 

[wileybunch]

I agree that language does really stink. I hope you didn't write it.

Can't you just use the terms Mother and Father to describe one year (ie. even) and then say that it alternates the next year? This "opposite party" is not clear.

But, I love how it was clear enough for Mom last year when it was in her favor.

As for being "trigger happy" -- I agree that people sometimes run to court too often with frivolous motions. But, there are some parties that need the structure and word from the judge for whatever reason and to just sit on boldness and not provide the court structure that some people need to understand compliance doesn't make it go away so that's not the right route, either.

DH has a Mom of his child like that, too, but I think she's grown weary of her own games, she's run out of steam. You can hope that day comes for you, too. She hasn't been on the verge or causing contempt since August, not even a hint of it. That's her longest stretch.

 

[profmum]

You are on dangerous ground: you are in no position whatsoever to make flat-out declarative statements such as these. Particularly not when your position rests upon the fact that your X, halfway across the country from PSD, did not get an ex parte hearing.

You take things out of context, the Courts can do anything but the wording on the CO is very unclear and an emergency is an emergency by any court in the country..CO or MD. Vacation time rarely counts as one.. PSD himself has decided to not seek an ex parte hearing. As for making declarative statements.. really SP, you are one to speak!

 

[Silverplum]

You take things out of context,

I'm working off what you posted.
And I'm not mistaken about what you posted. It's all there to read, right?

the Courts can do anything but the wording on the CO is very unclear and an emergency is an emergency by any court in the country..CO or MD. Vacation time rarely counts as one.. PSD himself has decided to not seek an ex parte hearing.

PSD has made his decision without your input, I believe.

As for making declarative statements.. really SP, you are one to speak!

I am one to speak. I'm also one to type.

And I'm for sure one to read.

You're comparing apples and oranges, when you compare yourself to me.

 

[ProSeDadinMD]

My Proposal that this was so similar to said Mother and Father. I’d be fine with Plaintiff(The Ex) and Defendant(Me) too.

What I’d really like from The Ex is that she actually read the order so that she knows what it says, and then follows it. She even stated in her last email that she’d have to “dig it out” but was sure of what it said.

She also made reference to the fact that “we did not split Winter or Spring break last school year. You had both as the order stated”.

What the order states with regard to Spring Break is this:

“Spring Break – to alternate each year; the plaintiff shall have odd years”

For Christmas/Winter Break, it’s this, exactly:

Christmas/Winter Break – in 2007, and all odd years, the plaintiff shall have the child from 7:00 p.m. on December 24th until Noon on December 25th; the child shall then return to the opposite party for ½ of the remaining overnights of Christmas/Winter break; the opposite party shall then have the remaining Christmas/Winter break; the defendant shall have this break in all even years.

Christmas/Winter Break looks more to me like it should be MINE this year, based on her screwy interpretation. She hasn't responded to that statement from me.

Again, last year we split it(and I am getting a copy of LMPS’s attendance record from the childcare place she would have been in during The Ex’s time, if she didn’t take off work). Apparently, the fact that we were “getting along” at the time means that we don’t have any record(email correspondence) of what happened then. Live and learn. It’ll ALL be documented from here on out.

We shall see what happens, I guess

And I know profmum, “Big Mean ProSe”. Whatever…

And for the record, the day I need or care about any advice given by you(profmum) is the day that I will be too embarrassed to post here.

 

[profmum]

And for the record, the day I need or care about any advice given by you(profmum) is the day that I will be too embarrassed to post here.

You are willing to file criminal charges against Mum for taking the child to NM, and wanted to file contempt before Mum did anything, the day you follow your own advice, you should be too embarrassed too post here. This post is a perfect example of how arrogant you are about your Pro se skills, dangerously arrogant

 

[mommyof4]

Then continue to hang yourself in court.. you are taking the path of my ex and it has only cost him $$

By what stretch do you think he has hung himself in court?

You come across as not liking PSD because his actions remind you of your ex's. The problem is that BOTH men have the right to exercise their legal options to ensure that they have an equal opportunity to have a relationship with their children.

 

[profmum]

You're comparing apples and oranges, when you compare yourself to me.

yes we are .., your so called legal experience remains to be a big mystry and part of your imagination I am sure.. so yes apples to oranges fo sure..

 

[Silverplum]

yes we are .., your so called legal experience remains to be a big mystry and part of your imagination I am sure.. so yes apples to oranges fo sure..

Indeed.

 

[profmum]

By what stretch do you think he has hung himself in court?

You come across as not liking PSD because his actions remind you of your ex's. The problem is that BOTH men have the right to exercise their legal options to ensure that they have an equal opportunity to have a relationship with their children.

Let's not stretch the imagination here, I have nothing personal against PSD, but this is the second post in less than a month where he has talked about filing motions, an emergency motion for what is a poorly worded court order. That is an abuse of one's legal options. Because courts have real emergencies they are dealing with where kids are in danger. The bar appears to be set a little differently for PSD here. Cliques or not, we are here to get no nonsense legal advice. I gave the same advice like the majority did to this post.

PSD is the one who makes it personal with his statements about me. I couldn't care less, I was given a good thrashing when I first joined this forum about my attitude and it was the best thing that happened to me!.. so if one truly wants to learnt the legal process and coparent well, one should be open to all feedback..

And you are right, he has not hung himself in court yet.. but he will if he continues down this path.

 

[ProSeDadinMD]

Before:

Then continue to hang yourself in court.. you are taking the path of my ex and it has only cost him $$

After:

You are willing to file criminal charges against Mum for taking the child to NM, and wanted to file contempt before Mum did anything, the day you follow your own advice, you should be too embarrassed too post here. This post is a perfect example of how arrogant you are about your Pro se skills, dangerously arrogant

Haven't hung myself yet, and no intention of doing so. The only one it's cost money so far has been The Ex, and SHE lost.

I also never, at any point in time, said that I wanted to "file contempt before Mum did anything". I am, however willing to file criminal charges against her if needed/warranted.

You come across as not liking PSD because his actions remind you of your ex's. The problem is that BOTH men have the right to exercise their legal options to ensure that they have an equal opportunity to have a relationship with their children.

That's really what it seems to boils down to.

And SP ROCKS!!!

 

[ProSeDadinMD]

Let's not stretch the imagination here, I have nothing personal against PSD, but this is the second post in less than a month where he has talked about filing motions, an emergency motion for what is a poorly worded court order. That is an abuse of one's legal options. Because courts have real emergencies they are dealing with where kids are in danger. The bar appears to be set a little differently for PSD here. Cliques or not, we are here to get no nonsense legal advice. I gave the same advice like the majority did to this post.

PSD is the one who makes it personal with his statements about me. I couldn't care less, I was given a good thrashing when I first joined this forum about my attitude and it was the best thing that happened to me!.. so if one truly wants to learnt the legal process and coparent well, one should be open to all feedback...

The only bad attitude I've had lately here on FA has been aimed at YOU. Deservedly so, IMNSHO.

And I do listen to most here at one level or another. Even though I don't generally care for LdiJ's advice, on occasion even she tosses out a nugget worth remembering.

And you are right, he has not hung himself in court yet.. but he will if he continues down this path.

Also, glad to finally see who stole the FA crystal ball...

 

[mommyof4]

Profmum,

Why did you completely change your post? I don't find it to be any stretch of the imagination to come to the determination that you are interjecting your own personal bias when interacting with PSD. I strongly suspect that I am not the only one with that suspicion.

 

[profmum]

Profmum,

Why did you completely change your post? I don't find it to be any stretch of the imagination to come to the determination that you are interjecting your own personal bias when interacting with PSD. I strongly suspect that I am not the only one with that suspicion.

We all have personal biases on this forum.. the more common ones are the "golden uterus" theorizers.. it is the nature of being human