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aubreyz

Member
What is the name of your state (only U.S. law)? WA

I have recently been going through modifications in my parentling plan, allowing me more frequent and unsupervised visitation with my daughter. My ex was not happy about this ruling. He maintains a close relationship with my father, whom I do not get along with.

Our plan designates that we will arrange a suitable exchange point for weekends, and that I can call ahead to schedule a 3 hour visit on week days. This is because my ex cited his varied schedule as a reason that he could not commit to a specific drop off location or a certain night that would always be free. Obviously, I am petitioning for the details to be made specific, now that I see how problematic they have become.

Currently, my ex will not answer any phone calls or emails. Instead, he phones my dad and says "your daughter asked for ABC at DEF. I won't be able to meet her until EFG at HIJ. Please let her know." He'll even just call and tell him "I'm not comfortable with her request." Often, dad forgets to call me to let me know, and he is not designated as a mediator or mentioned any way in our parenting plan.

I have told my ex that while it is isn't stated, it is implicitly implied by our plan that he communicate with me about our daughter, not through a biased third party. Do I have to get a court order stating that he needs to make arrangements specifically with me, or is he in contempt of court for not arranging things with me as specified in our plan?
 


Isis1

Senior Member
What is the name of your state (only U.S. law)? WA

I have recently been going through modifications in my parentling plan, allowing me more frequent and unsupervised visitation with my daughter. My ex was not happy about this ruling. He maintains a close relationship with my father, whom I do not get along with.

Our plan designates that we will arrange a suitable exchange point for weekends, and that I can call ahead to schedule a 3 hour visit on week days. This is because my ex cited his varied schedule as a reason that he could not commit to a specific drop off location or a certain night that would always be free. Obviously, I am petitioning for the details to be made specific, now that I see how problematic they have become.

Currently, my ex will not answer any phone calls or emails. Instead, he phones my dad and says "your daughter asked for ABC at DEF. I won't be able to meet her until EFG at HIJ. Please let her know." He'll even just call and tell him "I'm not comfortable with her request." Often, dad forgets to call me to let me know, and he is not designated as a mediator or mentioned any way in our parenting plan.

I have told my ex that while it is isn't stated, it is implicitly implied by our plan that he communicate with me about our daughter, not through a biased third party. Do I have to get a court order stating that he needs to make arrangements specifically with me, or is he in contempt of court for not arranging things with me as specified in our plan?

what is the exact wording of the court order?
 

aubreyz

Member
The order states:

"Child shall remain in father's custody during the regular school week. Mother shall be allowed unsupervised visitation up to 3 hours in length after school but before bedtime on 1 school night per week, as arranged between both parties. Mother shall have visitation in her home from Friday evening until Sunday afternoon, with parties privately arranging pick-up and drop-off as appropriate."
 

LdiJ

Senior Member
The order states:

"Child shall remain in father's custody during the regular school week. Mother shall be allowed unsupervised visitation up to 3 hours in length after school but before bedtime on 1 school night per week, as arranged between both parties. Mother shall have visitation in her home from Friday evening until Sunday afternoon, with parties privately arranging pick-up and drop-off as appropriate."
Take him to court for contempt for refusing to communicate with you to make the weekday arrangements. Ask that a set day and time be scheduled.
 

meanyjack

Member
The key word in all of this, OP, with the court order is the word "shall." That word, in a legal sense, pretty much means 'you will do it -- it's not an option.' Even without a time, the language in the order is clear.
It allowed parents to be flexible with day so the parents can work it between themselves, but a weekday parenting time was mandatory.

I think you're going about this the right way -- and asking for a specifics to be added. Dad can whine and pout but the Judge is going to pretty much tell him that he brought this on himself. I would also ask for make-up time with specific dates/times/days noted in the order if you missed time.
 

Zephyr

Senior Member
I agree with going to court for contempt, if dad complains about his schedule not allowing him to exchange kiddo with you the one night a week.....suggest picking the child up from school or having her bussed to your house. he can pick her up before bed.
 

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