E-mails ?

[winnah68]

What is the name of your state? Texas
Do most courts consider e-mail notifications and communications as admissable evidence in the court. My purpose is to prove contempt. Thanks

 

[Ohiogal]

Sometimes. Can you prove she wrote them?

 

[winnah68]

Well, I cannot absolutely prove she wrote them. They are from her personal e-mail address. It is how she has chosen to communicate, and by this method only. She will not discuss, talk , mediate or anything, not even just about what is best for the children. I wish it wasn't this way, but I cannot make someone do the right thing.

She sent an e-mail stating she would drop my child off at 12:00 noon on Dec. 26th when she dropped my son off from his visit with her. Then sent a last minute e-mail ...as usual.... stating that I did not give notice that would be taking my visitation and she would therefor assume that I will not be taking my visitation, even when she had her with to drop off my son. The court states that I only need give notification when not taking my visitation.

 

[jslopez711]

Well, I cannot absolutely prove she wrote them. They are from her personal e-mail address. It is how she has chosen to communicate, and by this method only. She will not discuss, talk , mediate or anything, not even just about what is best for the children. I wish it wasn't this way, but I cannot make someone do the right thing.

She sent an e-mail stating she would drop my child off at 12:00 noon on Dec. 26th when she dropped my son off from his visit with her. Then sent a last minute e-mail ...as usual.... stating that I did not give notice that would be taking my visitation and she would therefor assume that I will not be taking my visitation, even when she had her with to drop off my son. The court states that I only need give notification when not taking my visitation.

You don't have to give notice that you will exercise your time with your child. Unless it is explicitly written in the court order. Did you get the child at all during the vacation?

 

[ceara19]

The court states that I only need give notification when not taking my visitation.

That's not standard language for a visitation order. Do you have a history of not exercising visitation?

 

[winnah68]

No I did not get my daughter at all I am losing, even as I type, what will amount to be about 13 days of visitation.
Yes my situation is a bit different we have a split custodial situation. I have my son and she has my daughter. And , yes it does say that I shall notify the other party if I am unable to take my visitation. We also have a "parent that wants the child is responsible for delivery and pick up" addition.

 

[ceara19]

No I did not get my daughter at all I am losing, even as I type, what will amount to be about 13 days of visitation.
Yes my situation is a bit different we have a split custodial situation. I have my son and she has my daughter. And , yes it does say that I shall notify the other party if I am unable to take my visitation. We also have a "parent that wants the child is responsible for delivery and pick up" addition.

Is this something that the 2 of you AGREED to or was the outcome decided by a Judge?

 

[winnah68]

Funny you should ask...we have never been able agree since our divorce was final. These were court orders as far as the notice of not taking the children. I could find it and quote it ...but thats basically what it says.

 

[ceara19]

Funny you should ask...we have never been able agree since our divorce was final. These were court orders as far as the notice of not taking the children. I could find it and quote it ...but thats basically what it says.

I meant the split custody agreement. It's just very unusual to separate siblings.

 

[winnah68]

Oh yes ,....mine is highly unusual. But yes, in the begining it was agreed. Because my son is a type 1 diabetic and that would have inturrupted her new lifestyle after our separation.
That is the problem, she came back him for after she settled down and remarried. I wasn't about to let that happen.

 

[ceara19]

Oh yes ,....mine is highly unusual. But yes, in the begining it was agreed. Because my son is a type 1 diabetic and that would have inturrupted her new lifestyle after our separation.
That is the problem, she came back him for after she settled down and remarried. I wasn't about to let that happen.

If you are only required to notify her if you are NOT going to exercise visitation, she would have to prove to the court that you DID send notice that you were NOT going to exercise visitation. The only thing that may be difficult for you is the part about the visiting being responsible for pick up and drop off. Since you did not arrive at mom's to pick up your daughter at the specified time, she didn't TECHNICALLY deny your visitation. However, the fact that she was at your house at that time to drop off your son at the end of her visitation with him and she refused to allow your daughter to stay, shows that she is being immature and petty. LEGALLY, she didn't violate the court order. I'm not saying that what she did was right or that the Judge wouldn't care, but if this type of problem happens regularly, I could see the Judge having serious regrets about ever approving this unusual agreement. If everyone can't work together to make the situation work, it may be time to revisit the entire issue.

 

[jslopez711]

Wait a minute

So let me get this straight. She came to your house to drop off your Son after visiting her. Your ex brought your daughter but told you that she (your daughter) will not be staying with you because you did not notify her that you were going to exersise visitation? Do I have it right?

 

[winnah68]

Yes that is correct. After driving from Lubbock to visit her mother here 360 miles away, she drove all the way back with my daughter after dropping off my son at the end of her period of posession. Again ....my modification is unusual due the fact she will not work with me on anything. I have things in there you would find absurd. I had the modification set up to where the parent that wants the visitation arranges to pick up and return that child at his or her expense.
It is exactly why I had it done that way because of these kind of petty games to get at me. I guess overall, you guys are correct. I never should have trusted her.

Ok. here goes ...my modification also has a 24 hr flight notice, but under notice of flights only. We must give 24 hr notice of flight or it will be assumed you will not be taking your visitation. This one bit me in the a&&... because of lack of clarification. However, after she drove back, I sent 24 hrs notice of a flight from Lubbock to here. She then sent an e-mail stating "she would not be put on the plane" because "I was to give 24 BEFORE my visitation was to begin"