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Child refuses to go to dinner w/NCP

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stealth2

Under the Radar Member
So... I guess OP decided not to elaborate. She was on the thread for a while. Oh well... her posting history makes for some interesting reading, anyway.
 
Sorry

I was interrupted in the middle of posting this, had to walk away from my laptop and didn't realize this posted (glad you find my posting history interesting, though :).

This question isn't for me, it's for a friend of mine. She is the CP, last night was her kids' night for dinner with Dad and her 8 y.o. refused to go with him. CP wasn't there because she hadn't gotten home from work yet and Dad isn't allowed on her property (he parks in a neighbor's driveway and waits for the kids). CP wants to know, legally, how far she has to go to get her child to go with Dad, especially if she isn't home when the pick up occurs. Does she have to physically force her child into his car - if she's home (she has told Dad that if he waits to pick up kids after she gets home from work - 5:30 at the latest - she will help get their child to go)?

She and her ex have had a very contentious divorce and he is always threatening her with going back to court for full custody if she says/does something he doesn't like. She is afraid that he will take her to court, citing PA, even though she wasn't anywhere near or involved in this incident. She knows that at the age of 8, a child has no say, but she doesn't want this to become a huge, traumatic event every week either.
 

Just Blue

Senior Member
I was interrupted in the middle of posting this, had to walk away from my laptop and didn't realize this posted (glad you find my posting history interesting, though :).

This question isn't for me, it's for a friend of mine. She is the CP, last night was her kids' night for dinner with Dad and her 8 y.o. refused to go with him. CP wasn't there because she hadn't gotten home from work yet and Dad isn't allowed on her property (he parks in a neighbor's driveway and waits for the kids). CP wants to know, legally, how far she has to go to get her child to go with Dad, especially if she isn't home when the pick up occurs. Does she have to physically force her child into his car - if she's home (she has told Dad that if he waits to pick up kids after she gets home from work - 5:30 at the latest - she will help get their child to go)?

She and her ex have had a very contentious divorce and he is always threatening her with going back to court for full custody if she says/does something he doesn't like. She is afraid that he will take her to court, citing PA, even though she wasn't anywhere near or involved in this incident. She knows that at the age of 8, a child has no say, but she doesn't want this to become a huge, traumatic event every week either.

Tell your friend to post for herself.
 

nextwife

Senior Member
She needs to teach her child that ignoring court orders can have serious consequences, and impose serious consequences when kiddo tries to decide where and when they can CHOOSE whether to go..
 
I understand it's better if my friend posts for herself (and I could have said it was for me, but if you look at my other posts, you would see that my ex has chosen not to exercise his visitation rights, so you would have seen I lied - a big no no on this site), but will someone answer the question anyway so I can give her the info: What is she legally obligated to do in regard to enforcing the parenting plan order for visitation? Does she physically have to force her child into the NCP's car?

Oh, and the other child is 13. FYI, she has an attorney, but before she had to pay another $100 for a phone call/email from them - since like most of us these days, she's on a very tight budget - I thought I would try to find out for her, since I'm already registered on this site. I'm sorry if asking a question for someone else isn't allowed on this site (no snippiness implied).
 

stealth2

Under the Radar Member
She has to make the child available and do what she can to facilitate the relationship. Given that Dad is unable to step on her property to place the child in his car against the child's wishes, Mom really needs to find a way to be home for pick-ups.

Apart from that, it's time for Mom to have a come to Jesus talk with her precious little darling and make it clear to him that following the court order is not optional for him - failure to do so will mean life as he knows it will change drastically until he learns who the parents are in his life and that he WILL do as he's told.

And the reason we prefer the actual party to post is because s/he knows the actual situation, rather than what has been passed on second- or third-hand. We could ask you questions, the answers to which might change our responses - but you're unlikely to know the answers. It wastes a lot of people's time. Including yours.
 

LdiJ

Senior Member
I understand it's better if my friend posts for herself (and I could have said it was for me, but if you look at my other posts, you would see that my ex has chosen not to exercise his visitation rights, so you would have seen I lied - a big no no on this site), but will someone answer the question anyway so I can give her the info: What is she legally obligated to do in regard to enforcing the parenting plan order for visitation? Does she physically have to force her child into the NCP's car?

Oh, and the other child is 13. FYI, she has an attorney, but before she had to pay another $100 for a phone call/email from them - since like most of us these days, she's on a very tight budget - I thought I would try to find out for her, since I'm already registered on this site. I'm sorry if asking a question for someone else isn't allowed on this site (no snippiness implied).
If she wasn't home from work when dad attempted to pick up the child, and dad didn't re-attempt to pick up the child after she got home, then its unlikely that a judge will ding her for a one time occurrance.

However, she needs to make sure that it doesn't happen again. She needs to make it crystal clear to the child that he has no choice, that he HAS to go. If that means she has to leave work early to make sure it happens, then she needs to leave work early.

She also needs to address WHY the child doesn't want to go, and perhaps take some action there, but in the meantime, the child HAS to go.
 

Ohiogal

Queen Bee
I was interrupted in the middle of posting this, had to walk away from my laptop and didn't realize this posted (glad you find my posting history interesting, though :).

This question isn't for me, it's for a friend of mine. She is the CP, last night was her kids' night for dinner with Dad and her 8 y.o. refused to go with him. CP wasn't there because she hadn't gotten home from work yet and Dad isn't allowed on her property (he parks in a neighbor's driveway and waits for the kids). CP wants to know, legally, how far she has to go to get her child to go with Dad, especially if she isn't home when the pick up occurs. Does she have to physically force her child into his car - if she's home (she has told Dad that if he waits to pick up kids after she gets home from work - 5:30 at the latest - she will help get their child to go)?

She and her ex have had a very contentious divorce and he is always threatening her with going back to court for full custody if she says/does something he doesn't like. She is afraid that he will take her to court, citing PA, even though she wasn't anywhere near or involved in this incident. She knows that at the age of 8, a child has no say, but she doesn't want this to become a huge, traumatic event every week either.
If mom cannot force an 8 YEAR OLD to do something just by telling said 8 year old, MOM needs parenting classes. The 8 year old should be grounded quite frankly if mom comes home and the child has NOT gone. That means no television, no computer (unless NECESSARY for schoolwork and then only for school work), no radio, no books (unless required reading for school) and no fancy clothes. Time for the 8 year old to learn that if he/she wants to call the shots that he/she has to pay for them.
 

Ohiogal

Queen Bee
If she wasn't home from work when dad attempted to pick up the child, and dad didn't re-attempt to pick up the child after she got home, then its unlikely that a judge will ding her for a one time occurrance.However, she needs to make sure that it doesn't happen again. She needs to make it crystal clear to the child that he has no choice, that he HAS to go. If that means she has to leave work early to make sure it happens, then she needs to leave work early.

She also needs to address WHY the child doesn't want to go, and perhaps take some action there, but in the meantime, the child HAS to go.
I will disagree with the bolded to the extent that if the court order states 5pm them MOM is required to have the children available at that time and needs to comply with the court order at 5pm. Dad does NOT have to make continuous attempts to pick up the child when the court order has been violated. I agree with the rest of it however.
 

LdiJ

Senior Member
I will disagree with the bolded to the extent that if the court order states 5pm them MOM is required to have the children available at that time and needs to comply with the court order at 5pm. Dad does NOT have to make continuous attempts to pick up the child when the court order has been violated. I agree with the rest of it however.
I agree that technically mom is in contempt. However, if it was a one time occurrance and she was not present its still not likely that she will be dinged...IF IT NEVER HAPPENS AGAIN.
 

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