Bad weather.

[Ohiogal]

We've running at just over a foot now, and it's still snowing. I convinced our Asst Mgr to call our DM to see if she could close. Yep, she got approval. Though I'm still scratching my head why *I* am doing this when she's my superior...

Because YOU are the one with common sense and a brain. So you can stay nice and toasty in bed in the morning? COOL!
Here all we got was a dusting but I am midwest and not east.

 

[stealth2]

Because YOU are the one with common sense and a brain. So you can stay nice and toasty in bed in the morning? COOL!
Here all we got was a dusting but I am midwest and not east.

LOL No, that's not what it means. I still have to be in - although I don't have to be there earlier than 10, which is better than 9! But... at least I made sure that the associates closing tonight got out a bit earlier as the snow is coming down hard and steady. Call me a mother hen, but I asked them each to call me when they got home, so I know everyone made it home safely.

 

[CJane]

Geez... when we're having particularly crappy weather, my kiddo's BABYSITTER won't let me pick him up and we live 6 blocks from each other. She's been known to call me at work and tell me it's nasty up here (I work about 50 miles from home) and that I should spend the night at D'mans, and she'll keep Twain and feed the hounds. I've never argued with her...

OP's ex is an idiot.

 

[lostd93]

I didnt know if I should create a new thread or continue here but I wanted to give an update and get some opinions.

Our CO (agreed on 01/09) has very specific holiday time outlined in it for Xmas visitation, the 23rd and 26th to be with father. I offered the father those days, plus an extra overnight as "makeup" time for the bad weather missed visit, but he didnt want it, any of it. He refused all visits and didnt show up for any of the time at all. He would ONLY accept Xmas day, which is not in the CO for him. He does get other holidays like valentines day, 4th july, thanksgiving, and he had her for her birthday last year....I miss her considerably on those days myself, so I think things are pretty even.

Im trying to be reasonable and give him his time, plus some, but all I get back is very nasty emails calling me names. Coincidentally, these are the same names my daughter has come home from his visits saying.

He is now taking me to court on grounds of the missed visit for bad weather (which you guys already said I should be in the clear) and now that I am denying him his court ordered holiday time. He will be asking for more visitation time and all holidays and filing contempt against me. I will be consulting a lawyer after the New Year but just wanted to get some opinions...If he is not willing to follow the current CO for holidays, or be flexible with dangerous weather conditions, will the judge grant a change to the CO for his benefit? Is there a case here for him with the contempt?

 

[TheGeekess]

I wouldn't think that he has much of a chance of prevailing. Make sure you are keeping up with your documentations about this. When (and if) he does file, make sure your response asks for him to cover your legal expenses.

 

[lostd93]

I wouldn't think that he has much of a chance of prevailing. Make sure you are keeping up with your documentations about this. When (and if) he does file, make sure your response asks for him to cover your legal expenses.

I am convinced he only does this stuff to try to "get back at me" for leaving him. If I offered him Xmas day he would want Xmas Eve, etc.

He has brought me to court 6 times in the last 2 years, without any major changes. I have heard that I could get my legal expenses covered by him. Does the judge grant that often? What are the necessary circumstances? Do I need to be completely successful in the outcome?

 

[xxnatalixx]

I am convinced he only does this stuff to try to "get back at me" for leaving him. If I offered him Xmas day he would want Xmas Eve, etc.

He has brought me to court 6 times in the last 2 years, without any major changes. I have heard that I could get my legal expenses covered by him. Does the judge grant that often? What are the necessary circumstances? Do I need to be completely successful in the outcome?

My X had to pay my expenses when he took me to court and also the last time I took him to court.

 

[LdiJ]

I am convinced he only does this stuff to try to "get back at me" for leaving him. If I offered him Xmas day he would want Xmas Eve, etc.

He has brought me to court 6 times in the last 2 years, without any major changes. I have heard that I could get my legal expenses covered by him. Does the judge grant that often? What are the necessary circumstances? Do I need to be completely successful in the outcome?

You absolutely SHOULD ask that he cover your legal expenses if he takes you to court over this.

He knew the whether was impossible that day and refused any makeup options you gave him. He also knows very well what the order said about Christmas and refused all visitation because he didn't get his way.

This is one time when a judge really should make him pay your legal fees.

 

[haiku]

Yep you should always ask for legal fees "and whatever other relief the court deems appropriate" (thats what my husbands court papers always say)...

He asks everytime, because his ex is your ex's kindred spirit in "stupid". But so far it hasn't happened, I always hold out hope!

 

[lostd93]

He knew the whether was impossible that day and refused any makeup options you gave him. He also knows very well what the order said about Christmas and refused all visitation because he didn't get his way.

Do you think its possible that his behavior will be rewarded by the judge by modifying the CO for him? Will his lack of communication, coparenting, etc., be seen by the judge and work in my favor?

 

[haiku]

the contempt for the bad weather is a joke.

He wants ALL holidays? Thats not fair to the children, I can't imagine the judge going for that-he may consider a new way to split them, but I can't imagine you losing them.

ANd more visitation can always be asked for, doesn't mean it will happen though.

 

[profmum]

Do you think its possible that his behavior will be rewarded by the judge by modifying the CO for him? Will his lack of communication, coparenting, etc., be seen by the judge and work in my favor?

Anything is possible, one should always be prepared for the unexpected in court (which is why whenever possible it is better to work things out, however that is not always possible with certain ex's!). So that is the best advice to remember.. nobody can predict the outcome.

 

[LdiJ]

Do you think its possible that his behavior will be rewarded by the judge by modifying the CO for him? Will his lack of communication, coparenting, etc., be seen by the judge and work in my favor?

Yes, his lack of coparenting/communication will likely be recognized by the judge. As others have said, no one can predict the outcome with any certainty, but a judge certainly won't give him ALL the holidays.

 

[lostd93]

I just had a brief phone consult with my lawyer to set up an appt. He said that my ex will come off looking ridiculous in court over this stuff, especially given his denial of available visit times I offered to him. He seems to agree with basically everything said here and said he would be surprised if Any change to the CO was made at all, especially given the circumstances and that we just agreed to the current one 11 months ago with no major changes occurring.

Thanks for the help.