Child refuses to come home

[TinkerBelleLuvr]

http://courts.mi.gov/Administration/SCAO/Forms/Pages/default.aspx

http://courts.mi.gov/Administration/SCAO/Forms/courtforms/domesticrelations/custody-parentingtime/foc19.pdf

^^^ allows you to type it in and then print it. Don't bother to save it, because it won't.

 

[kaizen]

Thank you. Maybe I didn't explain myself well.

I have the forms. I got them yesterday at the Friend of the Court office.

I am stuck on the wording of "Motion" and "Relief sought". I'm not sure what words to write on those lines.

 

[TinkerBelleLuvr]

Motion - what you want the court to do

Relief sought - return of child, dad to be found in contempt by the court, reduction/ change in parenting time.

How is your summer time parenting time set up now?

 

[kaizen]

50/50 in the summer.

Motion - what I want the court to do? I want the court to find him in violation of schedule mutually agreed upon per the previous order and require son be brought home immediately.

Am I getting it?

 

[kaizen]

I wound up hiring an attorney, which turned out much better. Dad had an attorney, and countered with a motion for change of custody.

So today we went to court. I'd never heard a judge yell or swear before. He did both to Dad! And he ordered him arrested and locked up for thirty days. At that point the officer came and stood behind dad just waiting for the go ahead to cuff him. Then the judge said if the child is home by 4pm today, he can avoid being locked up. If child is not home, we are all to appear before him tomorrow morning at 11am, son included. At that point he will lock dad up in the county jail and send our son to juvenile detention for being in contempt.

Then the judge denied their motion for custody, saying there was no change of circumstance.

Huge sigh of relief.

 

[CSO286]

I wound up hiring an attorney, which turned out much better. Dad had an attorney, and countered with a motion for change of custody.

So today we went to court. I'd never heard a judge yell or swear before. He did both to Dad! And he ordered him arrested and locked up for thirty days. At that point the officer came and stood behind dad just waiting for the go ahead to cuff him. Then the judge said if the child is home by 4pm today, he can avoid being locked up. If child is not home, we are all to appear before him tomorrow morning at 11am, son included. At that point he will lock dad up in the county jail and send our son to juvenile detention for being in contempt.

Then the judge denied their motion for custody, saying there was no change of circumstance.

Huge sigh of relief.

Do let us know if Junior comes homes by four.....

 

[Isis1]

i am so sorry....but i laughed so hard i heard an echo in the warehouse**************

i have actually seen bailiffs walk up behind the person with the handcuffs open ready to slap them on. like watching a lion about to attack his prey. and the person in contempt being completely unaware.

 

[TinkerBelleLuvr]

Makes me wonder if dad is related to my X. Did the courts award you attorney fees?

 

[kaizen]

He came home at 3:55.

No, my atty fees were not awarded. Judge said he (dad) did what he did thinking it was the best thing to do or something like that. That is the bummer part. But the good part is still bigger than the bad part I suppose.

 

[TinkerBelleLuvr]

Did they give you make up time for this summer?

Be prepared for more mischief ... dad did that twice to me.

 

[kaizen]

Our order says 50/50 split on the summer. So my attorney said today that if child were to come home today, dad would only have three days left of his summer parenting time. So that was acknowledged and not challenged in court.

However, your question scares me. I looked at the judge's order, and it does not specifically say anything about the rest of the summer. So I imagine we just operate under the previous understanding that it's 50/50 for summer, and dad has three more days this summer.

He already did something dumb, Tink. He brought son home without his meds (anti-depressants). And he lives about 40 miles away - when I asked about them, he told me if I want them, to come get them. Oy vey....

What was funny in court was when he told the judge he doesn't have any trouble with son. Said if he asks him to do this or do that, he does it right away. That's when the judge yelled. He said "then tell him to go home!" Ooops, I guess he doesn't do everything that's asked of him.

 

[TinkerBelleLuvr]

Our order says 50/50 split on the summer. So my attorney said today that if child were to come home today, dad would only have three days left of his summer parenting time. So that was acknowledged and not challenged in court.

However, your question scares me. I looked at the judge's order, and it does not specifically say anything about the rest of the summer. So I imagine we just operate under the previous understanding that it's 50/50 for summer, and dad has three more days this summer.

He already did something dumb, Tink. He brought son home without his meds (anti-depressants). And he lives about 40 miles away - when I asked about them, he told me if I want them, to come get them. Oy vey....

What was funny in court was when he told the judge he doesn't have any trouble with son. Said if he asks him to do this or do that, he does it right away. That's when the judge yelled. He said "then tell him to go home!" Ooops, I guess he doesn't do everything that's asked of him.

Get an early refill and then DOCUMENT, DOCUMENT, DOCUMENT. Ask for the medicine in WRITING. If dad doesn't want to drive, I know that the USPS DOES work in Michigan.

Expect more mischief. Worse case, explain to the doctor that you can't put your hands on it.

You figure out how may days dad has had child. You take your half. BTW, summer vacation ends a week before summer vacation ends.

 

[gam]

Get an early refill and then DOCUMENT, DOCUMENT, DOCUMENT. Ask for the medicine in WRITING. If dad doesn't want to drive, I know that the USPS DOES work in Michigan.

Expect more mischief. Worse case, explain to the doctor that you can't put your hands on it.

You figure out how may days dad has had child. You take your half. BTW, summer vacation ends a week before summer vacation ends.

It's not always possible to get an early refill, specially on a lot of psych meds, many are controlled drugs. Many insurance companies will also not allow refill early, so OP might have to pay it all out of pocket to get that refill.

I agree on documenting this, and asking for the meds back in writing. If OP does not get them back, take the letter in writing, along with the receipts for the refills, and fill out the med reimbursement form, send it all to FOC to have them enforce the med reimbursement part of the order. They will give him 21 days to pay it, if he does not they add it on as arrears.

 

[TinkerBelleLuvr]

If dad doesn't produce, do as GAM said. WRITE to the FOC for enforcement of this. They do that. I had an issue with dad not producing a new medical card. He just faced the judge over it. They want the kids insured and with their medications.

 

[kaizen]

Last night, I recalled I had actually put five pills aside "just in case". So then after your suggestion, I emailed dad and told him to mail the meds to me. He responded and agreed. So thank you so much for that idea!

Gam, I thought about you because I think you may be very close to some of this, if not right in it. If you are in the county that starts with letter M, let me tell you it was initially supposed to be in front of George. She got ill, and the senior, retired Vivianno filled in. This was huge, and in our favor - given his reputation. When he was on the bench, I figured we had it. Nonetheless, I did not know exactly how hard he was gonna come down on dad! And I had one of the most brilliant and thoughtful attorneys I've ever seen. Wish I'd have known him from the beginning. Brilliant.

Kiddo has been just fine since returning home. Away from the influence of his dad, he seems to do okay and accept things and roll with them.