Holiday Contempt Question

[angelface30s]

What is the name of your state (only U.S. law)? FL and WI

Our son lives in WI with his father and our daughter lives in FL with me. The papers say we rotate every Christmas starting last year. I had them for New Years Eve, this year I have them for Christmas. My ex says son will not be with me for Christmas cause I chose last year to start on New Years. He says this year he can chose, but the papers don't say that. He emailed me his flight itinerary and it shows my son coming to me the day after Christmas and leaving morning of New Years Day (which isn't right either). Since I got an email with the flight itinerary, can I file contempt at this time or do I have to wait until Christmas passes?

Also, can it be filed here in Florida or since it has to do with my son, does it have to be filed in WI courts?

Thank you.

 

[Ohiogal]

What is the name of your state (only U.S. law)? FL and WI

Our son lives in WI with his father and our daughter lives in FL with me. The papers say we rotate every Christmas starting last year. I had them for New Years Eve, this year I have them for Christmas. My ex says son will not be with me for Christmas cause I chose last year to start on New Years. He says this year he can chose, but the papers don't say that. He emailed me his flight itinerary and it shows my son coming to me the day after Christmas and leaving morning of New Years Day (which isn't right either). Since I got an email with the flight itinerary, can I file contempt at this time or do I have to wait until Christmas passes?

Also, can it be filed here in Florida or since it has to do with my son, does it have to be filed in WI courts?

Thank you.

Where were the original orders made? That is who most likely has jurisdiction and where it remains. Tell dad that you will file contempt unless your child is with you on Christmas per the court orders. Quote the court orders. Attempt to prevent the contempt.

 

[angelface30s]

Thank you.

Jurisdiction is in WI, so I will prepare to file that way if I need to.

 

[stealth2]

How is this thread different from your last one? https://forum.freeadvice.com/child-custody-visitation-37/holiday-visitation-problems-495089.html

Seriously - do you think we enjoy wasting our time answering the same question for the same person on different threads?

 

[ProSeDadinMD]

How is this thread different from your last one? https://forum.freeadvice.com/child-custody-visitation-37/holiday-visitation-problems-495089.html

Seriously - do you think we enjoy wasting our time answering the same question for the same person on different threads?

Isn't this actually #3 for this one?

 

[angelface30s]

You are correct in that they are similar. This thread I was asking if I received an email from him with the itineary from the airlines that our son is coming for New Years and not Christmas, is it ok to file contempt at this time or would I have to wait until he misses Christmas here. I apologize if I have waisted your time reading all these threads.

Ohiogal:

I called his father and informed him that he would be in contempt if our son was not in FL for Christmas. His reply was a whole bunch of I don't f'ing care this is f'ing bulls''t. He said, go ahead file for f'ing contempt, I don't give a d**n. So, I guess I will get in touch with a lawyer and start the filing procedures. I to wanted to prevent the contempt, but he keeps telling me this is my fault since I left and divorced him, perhaps that is true, but I had good reason to leave, which is another story another day.

I know you are very abrubt on here and you are true and correct to the point and I value your critizing, because this is probably the real way it will be handled in court without any representation. I learned the hard way years ago not to appear in court without any representation. So lay it on me with what I might be doing wrong.

Thanks again.

 

[Zephyr]

before you file anything- double check your paperwork to make sure this should be your christmas

 

[angelface30s]

It clearly states that we rotate Christmas. He had them last year for Christmas and I had them last year for New Years.

 

[Zephyr]

It clearly states that we rotate Christmas. He had them last year for Christmas and I had them last year for New Years.

right but the actual wording might be "mother will have the children for x-mas this year, with father having New Years. Thereafter the parties shall alternate the christmas holidy"

something like that would assign years, last year wouldn't matter

 

[angelface30s]

Here is exactly what it says:

• Christmas visitation will be split – with Kayla flying here for a week and Kyle flying down there for a week. One year we get them over Christmas and the following year you get them for Christmas.


This is the father writing this, so when you read (we) it means father when it reads (you) it means mother (myself)

thanks

 

[angelface30s]

Also,

That agreement was changed and submitted thru the courts May of 2008

 

[ProSeDadinMD]

Here is exactly what it says:

• Christmas visitation will be split – with Kayla flying here for a week and Kyle flying down there for a week. One year we get them over Christmas and the following year you get them for Christmas.

This is the father writing this, so when you read (we) it means father when it reads (you) it means mother (myself)

thanks

O-M-G!

Not your interpretation.

Not the interpretation of the "father writing this".

What Zephyr is nicely trying to ask is that you get out the actual order provided to you by the court and tell us WORD FOR WORD what it says. You know, it's that semi-official looking paper that has your name, Dads name, a case #...

 

[angelface30s]

Well, I hate to tell you, but that is the way it is written. Maybe not to your rlikings, but that is the way the "court" "legal" documents are worded.

Thanks

 

[Ohiogal]

Well, I hate to tell you, but that is the way it is written. Maybe not to your rlikings, but that is the way the "court" "legal" documents are worded.

Thanks

Then it is NOT contempt. Unless you don't get them NEXT year for Christmas. It is poorly written.

 

[ProSeDadinMD]

Well, I hate to tell you, but that is the way it is written. Maybe not to your rlikings, but that is the way the "court" "legal" documents are worded.

Thanks

Really? You're really going to try and say that a court order actually says this bolded portion?

Christmas visitation will be split – with Kayla flying here for a week and Kyle flying down there for a week. One year we get them over Christmas and the following year you get them for Christmas

I repeat: O-M-G...