False abuse allegations

[Gracie3787]

I am in oklaloosa county Gracie. Maybe they are really busy....

You are in a larger circuit, so it may take awhile for even an emergency hearing. Unfortunately all you can do is wait, sorry.

 

[meribeth]

The hits keep on coming....

Well after the emergency motion has sat on the judges desk for over a month the judge has said that he will not make any ruling in supervised visitation without a full blown hearing and that he has no time to do so for the Christmas holidays. Therefore my ex can have visitation.
I am floored. NO TIME!!!! Are you kidding me?
To boot my ex has already let me know that this time I won't be able to find the kids....I am so sick to my stomache.
Talked to attorney and asked their advice,,,,they said as a mom I wouldn't turn them over but as your attorney I have to advise you of all the consequences.
They said they received fax from ex's attorney a week ago with the dates he intends to have the kids, but those dates are not even within the court ordered amount of time...he is trying to stretch it by 2 extra days and thus has me picking up the kids in Christmas EVE NIGHT...leaving me and them to travel during the HOlidays....it's my year to have Christmas...
They don't think the judge would revert custody for a first time contempt offense but of course there are no guarentees, and I am scared of pissing off the judge.....but I am pretty certain that he will not return the kids AGAIN!!!
The court order doesn't specify dates just that we split the break equally. The attorney suggested that we sit on it till the end of the week and see if he pursues in making more confirmed travel plans for the kids.....

Advice?

 

[escape2paradise]

Well after the emergency motion has sat on the judges desk for over a month the judge has said that he will not make any ruling in supervised visitation without a full blown hearing and that he has no time to do so for the Christmas holidays. Therefore my ex can have visitation.
I am floored. NO TIME!!!! Are you kidding me?
To boot my ex has already let me know that this time I won't be able to find the kids....I am so sick to my stomache.
Talked to attorney and asked their advice,,,,they said as a mom I wouldn't turn them over but as your attorney I have to advise you of all the consequences.
They said they received fax from ex's attorney a week ago with the dates he intends to have the kids, but those dates are not even within the court ordered amount of time...he is trying to stretch it by 2 extra days and thus has me picking up the kids in Christmas EVE NIGHT...leaving me and them to travel during the HOlidays....it's my year to have Christmas...
They don't think the judge would revert custody for a first time contempt offense but of course there are no guarentees, and I am scared of pissing off the judge.....but I am pretty certain that he will not return the kids AGAIN!!!
The court order doesn't specify dates just that we split the break equally. The attorney suggested that we sit on it till the end of the week and see if he pursues in making more confirmed travel plans for the kids.....

Advice?

This isn't the legally correct advice, but I would not send my kids. I would take the chance for contempt. The chances of losing custody on a first time contempt are slim. Does your attorney not know the judge? I imagine the worst would be a contempt charge and maybe a fine.

I can't believe how long it took to get a "emergency hearing" What a joke! You were able to get a real emergency hearing when he would not return the kids. Is that different than showing he is a danger to them? In a real emergency the damage would already be done well before this hearing. I guess I am spoiled, emergency here is same day. Though even regular hearings only take a week or two. Yes, I live in a large metro area. I guess we just have a better run system.

 

[meribeth]

This judge is kind of new. So she said it is hard to say. She really doesnt think there will be a custody reversal on the first count of contempt especially with the childrens therapist backing me. The therapist is in no way instructing me not turn the kids over, but did ask what could happen.

I was able to get an ex parte order to get the kids which I guess is differnt than an emergency hearing. I am so fustrated I cant believe this.