CP to travel with minor child (domestic)

[nanu156]

I have never seen any reason to deny her requests in the past. I always gladly complied. I will probably keep doing it. I see it that if I refuse the switch then it's my child's time and he's the one losing out... I really could care about her's.

Sounds like you have made a decision then, you understand the potential pit-falls and are prepared to defend yourself in court.

When the ex was found in contempt what happened? Did he fine her? Send her to jail? amend custody?

How does interfering with her Saturday compare to what she did? Are you prepared to accept a similar punishment as the ex got for being in contempt?

 

[TinkerBelleLuvr]

We do NOT know the climate of the court. If dad is NOT in a regular habit of interfering with mom's time (doesn't sound like it from his post), it would be questionable whether it might even make it to court for ONE occurrence. What is on dad's side to this is that he DID offer for mom to have the child while he was gone and mom declined. Therefore, he did what he had to do to continue to work and take care of the child.

Dad, do NOT make it a regular habit to thwart what little time mom actually does get with the child.

 

[stealth2]

Of course, another option would have included making reservations to fly back on a red-eye Friday night, and bringing kiddo straight to Mom on Saturday morning. Just sayin'. Out of curiousity - how old is the child?

And yes, the judge may not take any serious action besides a stern talking to. BUT... many judges do hold a CP to a somehwat higher standard than te NCP, especially when it comes to visitation.

 

[nanu156]

Of course, another option would have included making reservations to fly back on a red-eye Friday night, and bringing kiddo straight to Mom on Saturday morning. Just sayin'. Out of curiousity - how old is the child?

And yes, the judge may not take any serious action besides a stern talking to. BUT... many judges do hold a CP to a somehwat higher standard than te NCP, especially when it comes to visitation.

Sure, that's why I ask dad about Mom's contempt, what she did and how she was punished. I mean who knows how much this judge hates this case and how crazy he thinks both parties are... I mean maybe dad is perfect and mom isn't, or maybe the are both turkeys... who knows...

 

[microbes]

Sure, that's why I ask dad about Mom's contempt, what she did and how she was punished. I mean who knows how much this judge hates this case and how crazy he thinks both parties are... I mean maybe dad is perfect and mom isn't, or maybe the are both turkeys... who knows...

I'm definitely not perfect but I exert all efforts to handle things outside of court 'cuz I hate going to court. I think it's because of this that my ex thinks she can demand anything because I'm always willing to work things out.

I told her last night that if she has issues with me travelling with our child that she's more than welcome to come by the house by noon to pick him up. At 11am, I got a text saying that she wants me to drop him off somewhere and I'm just unavailable to comply. I reiterated the child is available for her to pickup today even pass noon. I texted several times, she did not reply... I called her once and she did not answer so I left a voicemail. I called again, she picked up, I asked her if she was going to pick him up and she HUNG UP on me. I called again and got the voicemail. I sent more text messages that were unanswered.

I plan to go to court when we get back and get clarification on travelling cuz this is stressfull as heck.

The contempt was for violating supervised visitation provitions when it was in effect. She didn't show up for a hearing so a writ body attachment was ordered against her. She showed up on the next hearing and the judge dropped the writ but found her in contempt and nothing further was done, no jail time or anything. she was basically let off the hook.

 

[microbes]

I found out today that she had filed for a motion for the courts to intervene ragarding travel out of state. I don't have any more details as that's all the records department told me and the website had less info. I haven't been served and she knows full well that I'd be out of town.

If she files for an emergency hearing for this coming Monday and I'm obviously not going to be able to be present in court and she knew this weeks in advance. What's the worse that could happen? Do judges tend to make a decision on a motion when the other party failed to appear or will a trial be scheduled at that point?

This is her mentality. I gave her the option to pick up our child yesterday and she did not. She instead prioritized filing this motion in court. I feel that if she had time and resources to go to court and file a motion, she had enough time and resources to pick up our child.

 

[nanu156]

I found out today that she had filed for a motion for the courts to intervene ragarding travel out of state. I don't have any more details as that's all the records department told me and the website had less info. I haven't been served and she knows full well that I'd be out of town.

If she files for an emergency hearing for this coming Monday and I'm obviously not going to be able to be present in court and she knew this weeks in advance. What's the worse that could happen? Do judges tend to make a decision on a motion when the other party failed to appear or will a trial be scheduled at that point?

This is her mentality. I gave her the option to pick up our child yesterday and she did not. She instead prioritized filing this motion in court. I feel that if she had time and resources to go to court and file a motion, she had enough time and resources to pick up our child.

You can get a copy of her motion from the records department. You can file an answer to her motion there as well. Your answer should include all the ways you tried to accommodate her, etc also that you have read and re-read your current order and there are no provisions stating you can not vacation out of state. Only that you can not relocate the minor child. I would include the exact dates and times of your trip as well as the name of places you will be staying and complete contact info. Serve it as needed.

Then I would go on your trip.

Even if she got an emergency hearing while you were in California you could request to telephone in, if she admits she was told the dates of your trip long in advance I really don't see her being able to do a whole lot other than get yelled at by a judge for wasting everyone's time.