Am I wrong?

[profmum]

However, save yourself the money. This isn't worth an ex parte, as ex partes are for emergencies. You'll go in ex parte, the judge will deniy it and have the clerk schedule it for a hearing several weeks down the line. If you want to go back into court, just file the motion.

And you will have one pissed off judge.. dont abuse the ex parte provisions!

 

[TeacherMomma]

Thanks profmum.

The crappy part is, by me doing exactly what you are doing now (I wish I could) - my time was adjusted negatively to reflect my "niceness" so I am less inclined to do that anymore. I know it is probably the right thing, but basically - I was told under no uncertain terms NOT to adjust any time like that, unless there was a family event or some sort of event that she needed to attend...which I always do. So when this happens, I don't know what else to do but adhere to the order word for word.

We actually DO have a lot of stuff to file an OSC on, this might just be the straw so to speak. I will find out this week I am sure....or next.

*Not notifying me of school events (she attends school on his time for most of the week), absences (there are mutiple absences not for illness), postponing IEPs w/out my consent (that one is actually a school issue as well since I hold educational rights, not him) that left her w/out service for 6 weeks (sigh, we have an advocate working on that issue as we speak), scheduling appointments on my time with her (which is two fold violation since I make medical decisions, and she is up to date on all her appts/shots/dental) and I find out after the fact that her teeth have been cleaned twice in one month (I had notified him three days prior to the appt and immediately after of the doctor's statements, so he was aware). Using my daughter as a messenger to ask me things he needs to ask me/write to me. Allows his step child who is 12 to watch her while he works (18 years and up for baby sitters, but I have 1st right to refusal if time is more than 4 hours when he is gone (he works 12 hours shifts, so yeah i am not even asked to watch her). He left her home overnight last month (she is 9), she called me crying scared, I had to have the police go check on her (and bring her to me since he could not be found) after trying to reach him on his cell phone/trying his wife/etc). Left her in a movie theater to watch an R rated movie, alone....while he ate at a restaurant next door with his wife. The last two the police were called and CPS reports filed by the responding officers, came back "unfounded" as there is evidentally "no law stating the age in which a child can be left home alone" and the movie theater did not have a posted age in which they require a parent with the child (umm, the fact that it was an R rated movie and she had a ticket for that movie??!!).

So yeah.....it is probably time.

 

[TeacherMomma]

Just to update in case anyone ever searches this and wonders:

Got a call back from our atty who says that she reviewed her notes from when the letter was written in April regarding this, and looked over her notes from when she asked the judge. (I remember her saying she would ask the judge when she was in court that day) and she said under no uncertain terms does Dad get to pick her up at 6pm....it is my weekend and it defaults to regular visitation after 6pm until 8pm. She said that she can either draft another letter and hope he complies or we can do as we planned and let her go at 6 if he shows up, but file a motion next week on all the other things going on.

She agreed with me to do as planned and file the motion next week (regardless of if he complies or not since we have so many issues and he has now phoned my employer which is causing all sorts of weird issues).

So, seems like from 6-8pm it is my regular timeshare.

 

[Zigner]

Just to update in case anyone ever searches this and wonders:

Got a call back from our atty who says that she reviewed her notes from when the letter was written in April regarding this, and looked over her notes from when she asked the judge. (I remember her saying she would ask the judge when she was in court that day) and she said under no uncertain terms does Dad get to pick her up at 6pm....it is my weekend and it defaults to regular visitation after 6pm until 8pm. She said that she can either draft another letter and hope he complies or we can do as we planned and let her go at 6 if he shows up, but file a motion next week on all the other things going on.

She agreed with me to do as planned and file the motion next week (regardless of if he complies or not since we have so many issues and he has now phoned my employer which is causing all sorts of weird issues).

So, seems like from 6-8pm it is my regular timeshare.

I tried posting the same thing last night...
I must say, I'm sorry you have chosen THIS hill to die on.

 

[TeacherMomma]

Zinger,
Are you kidding me? "This hill" - what are custody arrangement/court orders for - so that one person can continue to take advantage of the other? NO....it is so that the children have adequate time with each parent! And, I must say - another person here who clearly does not read posts before replying with judgemental comments. Do you not see in this thread we I have a myriad of issues with this situation? My initial QUESTION (this is an advice site correct? A legal advice site? Or is it a bitch board? I am not sure anymore) was if I was wrong in my interpretation of the order. I wasn't.
And I am not DYING on any hill, I am letting her go with him if he shows at 6pm. Dying on the hill would be calling the cops and enforcing the order thus creating a hostile situation for her to be in - but let me guess, you didn't read that part either?



So thanks to those of you with constructive replies.