Ex had stepmom deny my Holiday Visitation today

[cherylsarah01]

What is the name of your state (only U.S. law)? CA

My legal question is that according to my custody agreement which states:

Holiday parenting. The following table shows the holiday parenting schedules. Write Pettioner (My Ex) or Respondent (me) to specify each parent's years--odd, even or both every year. New Year's Day is even for respondent (me) and this is New Year's Day 2010 an even year, right? My ex had her last year on NYD because it was odd 2009. Is that correct?

Today when I went to pick my daughter up at the usual scheduled time of 9:30 am stepmom came out and informed me in a hostile manner that ex and her was denying my visitation and threw a copy of the custody agreement in my face. She said that ex and her emailed me denying visitation but I had blocked her email address 2 months ago so I never got it. She acted surpised that I blocked her email but I believe you get a mailer deamon when someone has blocked you. She would not let me get a word in edgewise and then continued to yell at me because she tried to take my daughter to the dentist and had trouble with my insurance. I told her it was none of her business and if ex had a problem he needed to contact me not her.

I told her, and I have to admit in a not so nice tone, to never contact me again and to never get in my face again. I told her to never get in touch with me again regarding my daughter or anything else. I told her that if ex had a problem that he should be the one to contact me.

I never got out of my car this was all through my car window and I just ended up driving off.

Who is correct in the holiday visitation schedule?

Thank you everyone and hope you are having a good New Year's Day.

 

[Antigone*]

What is the name of your state (only U.S. law)? CA

My legal question is that according to my custody agreement which states:

Holiday parenting. The following table shows the holiday parenting schedules. Write Pettioner (My Ex) or Respondent (me) to specify each parent's years--odd, even or both every year. New Year's Day is even for respondent (me) and this is New Year's Day 2010 an even year, right? My ex had her last year on NYD because it was odd 2009. Is that correct?

Today when I went to pick my daughter up at the usual scheduled time of 9:30 am stepmom came out and informed me in a hostile manner that ex and her was denying my visitation and threw a copy of the custody agreement in my face. She said that ex and her emailed me denying visitation but I had blocked her email address 2 months ago so I never got it. She acted surpised that I blocked her email but I believe you get a mailer deamon when someone has blocked you. She would not let me get a word in edgewise and then continued to yell at me because she tried to take my daughter to the dentist and had trouble with my insurance. I told her it was none of her business and if ex had a problem he needed to contact me not her.

I told her, and I have to admit in a not so nice tone, to never contact me again and to never get in my face again. I told her to never get in touch with me again regarding my daughter or anything else. I told her that if ex had a problem that he should be the one to contact me.

I never got out of my car this was all through my car window and I just ended up driving off.

Who is correct in the holiday visitation schedule?

Thank you everyone and hope you are having a good New Year's Day.

You need to go to court first thing Monday morning and file a motion for contempt. You might also want to have a no-third party contact order drawn up as well. Step mom is clearly overstepping and dad is a whimp.

 

[Ohiogal]

Agreed. And if the custody order was actually thrown at you -- I would file a police report for battery/assault against stepmother.

 

[CdwJava]

You might have also called the police for a standby so that they could add their two cents' worth. If the order explicitly says you have custody on that day, then she cannot arbitrarily deny it without running the risk of an arrest for violating the court order. The chances are the police would not make such an arrest for a family court order violation, but it is possible.

 

[cherylsarah01]

Should I call the police right now?

Should I be calling right now to file a police report? Should I try to go back and pick my daughter up right now with the police?

 

[ecmst12]

Going back with a police escort sounds like a brilliant idea.

 

[BL]

Have a police there and lease get a police report that states you were there,if you're still denied for the contempt.

 

[cherylsarah01]

He changed his tune real quick

I called the police in his city and they came out and looked over my paperwork and said they would go to his house and arrest him if he did not hand over my daughter.

When the police got there they talked with ex awhile and ex was in a fit for a little bit but then they came back to me and said my daughter would be out in a little bit to go with me. They said that my ex read the paperwork wrong and thought it was his day. I said ok good but I know my ex knew what he was doing because last year he had no problem understanding the visitation schedule. So anyway the police officer said he documented the incident but would not make out a police report because he believed ex when he said it was an honest mistake.

So I waited for my daughter to come out and then for the first time in a year and a half my ex walked out to talk with me about his issues. His wife lied about the emails she sent me but that goes to a different post awhile back.

Thanks for your help guys.

 

[Antigone*]

I'm glad to hear that. I would inform the ex that you are still thinking of pursuing an order due to the step mom's interference.

 

[liandrajade]

as a mom and step mom, your ex's wife is waaay the hell over the line....me and my hubby came into our marriage with a kid each, his son and my daughter....

even though his ex says she knows when her son is here she expects him to follow our rules and he has to listen to me etc...i do not get involved in the parenting, whatever the rules are that they've established for their son I go by for the most part, i just made it known im their to take care of him and i honestly said to her im not getting in the middle of anything, thats between them...

with my daughter its different b/c my ex is in the army and not exactly around so my hubby is her male role model, ex has no problems with that, just so its known hes the father and my hubby is the daddy{my daughter knows she has 2 dads}

you and the ex need to have a conversation with NO ONE else around and draw some lines here, doesnt have to be rude, confrontational but just straight out and honest....now while my hubby's ex more than likely wants me dead lol, we have no problems communicating b/c that line has been made clear on whats acceptable, expectations etc....the day me and her met, i made it clear, look we both have kids, i really dont need any drama and im not looking for any either and thats hows its been for the last 5 yrs....

 

[cherylsarah01]

I'm glad to hear that. I would inform the ex that you are still thinking of pursuing an order due to the step mom's interference.

I am going ahead with the no third party interference that has been recommended for me in different post on here. I don't really know what it is I am doing so I have an appointment with a document service to help me with this. Thank you for your reply.