What is the name of your state? NY
Hello all….I have posted many questions on aspects of my case, but could really use some suggestions on this question. As a refresher, I have been in the middle of a trial since 12/02 it is set to begin again 12/03. The father has temp. custody. He moved to MA (5hrs away) without telling any one and a TRO was put in place (stating the father can not remove the child from my town in NY), he has not obeyed it. We went to court on 10/3/03, he was found in contempt for violating the TRO and not getting permission from the court to move.
The judge told his lawyer to file an application to relocate. The TRO was not lifted, and as of yesterday no application (by his lawyer) was sent to the court. So he is still in violation of the TRO (as the judge ruled previously). Yet on 10/3/03, the judge also ordered me to transport my son part of the way for my visitation which turns out the exchange is out side of my town, (approximately 5hrs travel time per week) that costs me about $35-$40 per week. In essence I have to pay because the father will not obey the order.
I would not be upset with transporting my son if the judge had OKed this relocation, he has not, and showed his disgust towards the father for pulling this stunt…………….so why should I have to pay, does this make sense?? I do pay, and have always obeyed court orders.
Does anyone have any suggestions on how to handle this, – what legal course of action should I take, if any? My next court date is 12/3. Any suggestions would be GREATLY appreciated.
Hello all….I have posted many questions on aspects of my case, but could really use some suggestions on this question. As a refresher, I have been in the middle of a trial since 12/02 it is set to begin again 12/03. The father has temp. custody. He moved to MA (5hrs away) without telling any one and a TRO was put in place (stating the father can not remove the child from my town in NY), he has not obeyed it. We went to court on 10/3/03, he was found in contempt for violating the TRO and not getting permission from the court to move.
The judge told his lawyer to file an application to relocate. The TRO was not lifted, and as of yesterday no application (by his lawyer) was sent to the court. So he is still in violation of the TRO (as the judge ruled previously). Yet on 10/3/03, the judge also ordered me to transport my son part of the way for my visitation which turns out the exchange is out side of my town, (approximately 5hrs travel time per week) that costs me about $35-$40 per week. In essence I have to pay because the father will not obey the order.
I would not be upset with transporting my son if the judge had OKed this relocation, he has not, and showed his disgust towards the father for pulling this stunt…………….so why should I have to pay, does this make sense?? I do pay, and have always obeyed court orders.
Does anyone have any suggestions on how to handle this, – what legal course of action should I take, if any? My next court date is 12/3. Any suggestions would be GREATLY appreciated.