CP now wants to move to another state.

[Neal1421]

She's gone...

So, my husband went to pick up his daughter today for his EOW visitation. We waited for about 15 minutes and called his daughter's grandmother as he does not have a working number for the mother. The grandmother told us she would have them call him back. 2 minutes later he gets a call from a restricted number. It is his daughter crying on the phone telling him that they had already left and are now out of the state.

The mother then gets on the phone and tells him that she filed the petition and that she knows it will be approved so she isn't going to wait even though they have court on the 19th.

Now, she has denied him this weekend's visitation. How do you all think it will look in the court's eyes that she left early denying him his last weekend with the child. Both he and the child had something special planned together, well all of us did, just in case this may have been his last weekend with her for a while. So now, the daughter is devastated and is her brother, my son and her dad. My son cried for over an hour after he realized that he wasn't going to see his sister and even he has the feeling that he's never going to see her again. I've tried to reassure him that his dad is going to do everything the he can to be able to see her again but it's just hard with the way that this particular judge has acted and ruled in the past.

He's at his witts end at this point and has a feeling that the judge isn't going to say anything about her leaving early. Would a judge normally look down on her behavior in this type of situation?

 

[Ohiogal]

A judge will normally look down on her. She is NOT following the court order. He should still file for contempt of court.

 

[Neal1421]

Seriously???

Well, my husband went to court today and all I can say is WOW! I don't really have a question, just an update.

The mother wasn't there but the judge allowed her to appear via telephone. The judge says that he cannot hear the case today, and says that he will have to hear the court on another day. Meanwhile the mother and child are still out of state. He said that both parties had filed petitions with the court, however neither party had been served yet.

Anyway, the judge made mention of my husband filing for contempt of court for missed visitation. He asked, what my husband expected the mother to do, fly the child every other weekend so that he could see her. Hubby told him that he wanted her to follow the court order which she blantantly had not. His lawyer stated that she had left the state without permission and therefore their current order stands. The judge then said well, if you want every other weekend, you be the one to pay for it and slammed the case file down.

Why is my husband, but more importantly the child being punished for her not following the court order? This is getting out of control. It was obvious that this judge is fed up with their case and just wants it all to be over. At this point, it looks like the move will be or has been granted for her.

All my husband could do was just ask that he get the entire summer until the court was able to hear his case against her.

Also, he just received the medical records for his child. He went to the clinic that gave her the excuses for school a few weeks ago and requested her mediacal records. They told him that they couldn't give it to him because of HIPPA laws and he stated that because he was her father and they had joint legal custody, he is supposed to be able to see those records. They told him no so he left to get his court order and came back. When he came back, apparently they had called the mother and she told them that no one was allowed to see the child's records but her. He showed them the order and they gave it to him.

At no point during the time that she was absent did they examine the child. All the notes say is that the mother came in with the child because the mother was sick and because the mom was tired of waiting, they left and didn't see the child. The next day she came back, the same thing happened, however they gave the mother a note excusing her for school for over 7 consecutive school days.

We are both at a loss for words right now. His only consolation is that now that it looks like they are allowing the move, he will be able to have their case moved to where he lives and get it out of this particular's judge's courtroom.

 

[Neal1421]

Update and question about what he can do next

Ok, so here it is the middle of May and he still has not seen his daughter. The only contact he has had with her is through what has been said is her cell phone. He's not too sure if that is true because his ex's new husband's voice is on the voicemail, but whatever.

Anyway, the only way that he has the number is because the mother called my husband's sister and mother and gave the number to them. She will not call my husband with any information relating to the child, nor will she speak to him on the phone in regards to the child. Also, he does not have an email address for her.

Now with that being said, he has received several texts that are coming from his daughter's phone that appear to be suspicious. He has sent texts back, just as a way to communicate with her when he couldn't talk. Well yesterday, he sent a text asking her how she was. She sent him a text back saying that she was in church with "her mom and new dad". He called her later that evening and asked if she had sent him a text in church and she said no, that she wasn't allowed to have the phone in church. So, it obviously was either the mother or new husband.

He feels as though the mother is trying to replace him and there is nothing that he can do about it. He talked to his old lawyer who said that he had drawn up an order transferring the case to where he currently lives and that still gives him EOW (since that's what the judge said when he was angry with my husband), however that is not what my husband agreed to. The judge also stated that he would pay the airline ticket to pick the child up and the mother would pay to get her back. How is that fair? He was opposed to the move and the court didn't order that she could move? Obviously EOW is not going to work with a 9 year old. This order that was drawn up is sitting in the judge's chamber waiting to be signed and has been there since the end of March. It seems as though the judge is stalling.

His old order says that he gets 2, 2 week uninterupted and non consecutive weeks in the summer but he has to give notice by April 30 as to when he will take the time. He would have done so had he had the address for his daughter to send a certified letter however he doesn't have that. He has NO way whatsoever to get in touch with her other than this cell phone. He has tried getting the address from the court to no avail.

What can he do? All he wants to do is see his child and it seems as though every one is working against him. He also has a lawyer where we live now, however he can't get an answer from him at all. He has been calling for over two weeks and has gotten no where. I am telling him to look for a new lawyer, however is there anything else he can do?

Any help is greatly appreciated.

Thanks!

 

[Neal1421]

Any thoughts?

I see that no one has responded to the last post so thought I would post again with a little more information as to what is now happening to see if anyone can/will help.

Well, my husband sent a letter and plane ticket for his child to come home for the summer. He received a text yesterday from his daughter's phone saying that she wouldn't be there until the 28th. Her plane ticket was for today. He called her and told her that the ticket was for today and she said that her mom said that unless he signed some paper, her mom wasn't going to let her come.

He immediatly asked to speak to her mother who told him that she needed him to agree to only having summer visitation from here on out before she would send the child. He told her that nothing has been settled in court and that when she left, the paperwork that she signed said that he could have her for the summer once the child got out of school. Technically the court order still says every other weekend, since it has not been modified.

She said that she wasn't sending her unless he signed and she hung up. A few minutes later he received a text from his daughter saying the she was crying now and asking why her daddy wouldn't just sign the papers so that she could see him.

He told her that it was between her mother and him and that he wouldn't discuss it with her as she is just a child. She then sent him a text saying that he was a liar since he said that she would see him this summer and that he is the devil.

He is torn to peices because of it all now. His old lawyer won't give him his money back that he is owed since the case was transferred even though he said he would. He said he is waiting on the judge to sign off on an order that has been sitting on his desk since March. His new lawyer said that he didn't want to do anything until he had the child for the summer, however it is looking like he will not get her. Plus the new lawyer wants retainer money that we honestly don't have all of at the moment. He took out the money for the last lawyer off of a credit card and was hoping to use what was refunded to help with the retainer for a new lawyer.

Is there anything that he can do or file on his own at this time?

Does anyone have any suggestions for him?

Thanks!

 

[Neal1421]

Ok, even though no one has responded I will update you.

So, Hubby went to court on 6/3 in his county. Mom wasn't there and did not appear via phone. The judge reviewed the file and immediately ordered that the child be returned to Hubby by Sunday and he will have custody of the child for the entire summer. He ordered this based on the the fact that when she filed her intent to move, she stated that dad could have the child for the summer. He then said that if she does not send the child to TN by Sunday, she will be in contempt of court and face fines.

He picked up the order from the court today and it read as mentioned above. They have another court date 6/16, to hear the motion on her moving out of state.

Even though it isn't a huge win, Hubby is happy that he will be able to have her for the summer without signing the agreement she produced stating that that would be the only visitation that he had.

We are all excited to see his daughter Sunday, especially her 6-year old brother who still prays every night that God sends his sister back so that he can see her.

 

[bononos again]

So, Hubby went to court on 6/3 in his county. Mom wasn't there and did not appear via phone. The judge reviewed the file and immediately ordered that the child be returned to Hubby by Sunday and he will have custody of the child for the entire summer. He ordered this based on the the fact that when she filed her intent to move, she stated that dad could have the child for the summer. He then said that if she does not send the child to TN by Sunday, she will be in contempt of court and face fines.

He picked up the order from the court today and it read as mentioned about. They have another court date 6/16, to hear the motion on her moving out of state.

Even though it isn't a huge win, Hubby is happy that he will be able to have her for the summer without signing the agreement she produced stating that that would be the only visitation that he had.

We are all excited to see his daughter Sunday, especially her 6-year old brother who still prays every night that God sends his sister back so that he can see her.

Glad to hear! What a good weekend you all will have.
Good Luck on the 16th!

 

[Silverplum]

That's wonderful news!!

I'm so happy for your family. Here's hoping Hubby wins The Biggie.

 

[Neal1421]

Thanks guys. I appreciate it.

I am just praying that she does the right thing this time and sends the child. I somewhat regret that my son overheard his father and I discussing it, just in case she pulls the usual "my way or no way" fit again.

We shall see though.

 

[Zephyr]

Does mom know she has to have the child there on Sunday????

 

[Neal1421]

Her lawyer was there at the time of the hearing and said that she would contact her client as well as overnight the order to her current address.

The judge said she has no excuse at this point since Hubby actually paid for a ticket that she did not use. He said that the lawyer needed to tell her client that she needs to call my Husband and let him know when/where he can pick her up.

 

[Zephyr]

Her lawyer was there at the time of the hearing and said that she would contact her client as well as overnight the order to her current address.

The judge said she has no excuse at this point since Hubby actually paid for a ticket that she did not use. He said that the lawyer needed to tell her client that she needs to call my Husband and let him know when/where he can pick her up.

Excellent!....and if dad should not prevail on the custody action...mom should be paying alsomt all of the transportation expenses

 

[Neal1421]

Well...

As I suspected, she decided not to show up. Husband called 3 times Friday, 3 times Saturday and 4 times Sunday trying to get an idea of when they would be there. He didn't get an answer any of the times that he called.

He is going to file contempt of court this morning, but I was wondering what you guys would think. Even though this is a new judge, I am wondering if he will give her a slap on the wrist for this like the other one would have. I've gone through the excuses that she might have like they were out of town and didn't get the order, but she knew that there was a court date and decided not to show. She just had her lawyer there. Had she been there she would have known. She could say that she couldn't come up with the money, but then there's the fact that my husband sent her a ticket for the child for the end of May that she didn't use.

We drove to his mom's house 3 hours away in the town where she and the daughter once lived just in case she showed up without calling and stayed there until the last flight came in yesterday. We figured she might try to put her on a late flight and then say that he wasn't there to pick her up, but she just never showed.

Do you all think she will be able to get away with this? Should he file contempt even though he has another hearing on the 16th to discuss her moving?

Any suggestions?

Thanks!

 

[LdiJ]

As I suspected, she decided not to show up. Husband called 3 times Friday, 3 times Saturday and 4 times Sunday trying to get an idea of when they would be there. He didn't get an answer any of the times that he called.

He is going to file contempt of court this morning, but I was wondering what you guys would think. Even though this is a new judge, I am wondering if he will give her a slap on the wrist for this like the other one would have. I've gone through the excuses that she might have like they were out of town and didn't get the order, but she knew that there was a court date and decided not to show. She just had her lawyer there. Had she been there she would have known. She could say that she couldn't come up with the money, but then there's the fact that my husband sent her a ticket for the child for the end of May that she didn't use.

We drove to his mom's house 3 hours away in the town where she and the daughter once lived just in case she showed up without calling and stayed there until the last flight came in yesterday. We figured she might try to put her on a late flight and then say that he wasn't there to pick her up, but she just never showed.

Do you all think she will be able to get away with this? Should he file contempt even though he has another hearing on the 16th to discuss her moving?

Any suggestions?

Thanks!

My suggestion would be for him to fly out to where mom is, with the order in hand, and try to retrieve the child himself.

Even better, to fly out, take his order to the local court and ask them to domesticate it and order the police to assist him in retrieving the child.

 

[Neal1421]

My suggestion would be for him to fly out to where mom is, with the order in hand, and try to retrieve the child himself.

Even better, to fly out, take his order to the local court and ask them to domesticate it and order the police to assist him in retrieving the child.

If he goes this route, can he go to court on the 16th and ask that he be reimbursed for travel? He just looked into a round trip ticket for himself to fly there this week and the cheapest he was able to find was around $300, not to mention what he will have to pay for his daughter's ticket when he gets her.