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Whats the best defense

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p.o.divorce

Junior Member
I live about 113 miles away now and the case is in CA. 1st, will we have to have a 1/2 way meeting point for pick up for my visitation or drive the full distance? 2, what do I do if father decides not to show up at meeting point that is court ordered and cheats me out of my visitation for the weekend. has happeded a few times.
 
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mistoffolees

Senior Member
I live about 113 miles away now and the case is in CA. 1st, will we have to have a 1/2 way meeting point for pick up for my visitation or drive the full distance? 2, what do I do if father decides not to show up at meeting point that is court ordered and cheats me out of my visitation for the weekend. has happeded a few times.
1. The best thing is if the two parents can reach an agreement. It is often the case (but not always) that the parent who creates the distance does the driving. Alternatively, the two of you can meet halfway. Or, the one I prefer, is the receiving parent does all the driving. That is, when the child is coming to your house, you do the driving and when the child is going back with the other parent, that parent does the driving. That solves the problem of one person being stranded halfway. It is also more convenient for many people.

If the two of you can't reach an agreement, the judge will have to decide and then it's anyone's guess how it will go.

2. If there is a court order and the other person does not follow it, you can file for contempt. Make sure you have evidence (for example, buy a soft drink or something at the exchange location and save the receipt to show that you were there). If there's no court order (or if the order says something like 'reasonable visitation'), there's nothing to enforce so you need a court order before filing for contempt.
 

nextwife

Senior Member
What was the prior visitation order and did you get dad's or court's permission before relocating, if the distrance makes the prior order impossible to follow?
 

CJane

Senior Member
What was the prior visitation order and did you get dad's or court's permission before relocating, if the distrance makes the prior order impossible to follow?
Mom is NCP. I can't think of a single reason she would need the court's - or the other parent's - permission to relocate HERSELF. She did not relocate the CHILD and that is all the court could interfere with.

And it doesn't sound like the prior/current order is impossible to follow. Only that Mom would like a 1/2 way meeting point and wants to know what to do if her time is denied.
 

OHRoadwarrior

Senior Member
I would document you having fulfilled your part of the trip by buying fuel or something you can produce a receipt from. It will probably be necessary if you file for contempt.
 

LdiJ

Senior Member
I would document you having fulfilled your part of the trip by buying fuel or something you can produce a receipt from. It will probably be necessary if you file for contempt.
And, you could go ahead and drive the entire distance in the meantime, just to make sure that you DO get your visitation.
 

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