I have a HUGE problem

[sometwo]

Not exactly "FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues."

Yes but many come here looking for legal advice. You don't want to state something (like violating a court order) as legal advice and right when its not.

 

[Humusluvr]

Yes but many come here looking for legal advice. You don't want to state something (like violating a court order) as legal advice and right when its not.

I would say this poster knows what's in her court order, and is looking at what is the best strategy for dealing with the situation. She now is aware of what *could* happen, what is likely to happen, and what might or might not happen. She's got all kinds of advice, so she can decide on what is the best for her and her kids.

Nobody posted legal statutes or case law, so I wouldn't call it legal advice.

 

[MichaCA]

I agree with (most of) the others...go. I get technically Friday (last day of month) is the start of visitation. However, I agree it would help you IF dad took you to court for this, that IF you have documented other times when a similar weekend was interpreted differently...and the fact that the 1st and 2nd is sat and sun and thus in many peoples books, the first weekend of the month, AND its mothers day. And, the fact dad has known about this a long time and just now raising problems...its not the law but judges are human (to some degree) and dad will NOT look good trying to deprive kids of this. I hope you go, relax, have a good time.

Make sure beforehand you email him, let him know your plans (not enough details to stalk you in any way or prevent the kids), and proceed.

I was convinced when enough seniors spelled out what would likely happen in court IF dad takes you, and sounds like he won't.

 

[Knowalot]

Yes, this is just personal experience but I do believe that contempt is a criminal matter and open to the public in most instances, at least in Los Angeles Courts. I have also seen judges "ding" people like this dad for even bringing the matter to Court. A custody agreement is a document and like the Constitution of the United States open for interpretation.

 

[Raisingmaddy]

Update

I finally spoke with my attorney and wanted to update everyone on this. She went thru my agreement with a fine tooth comb and said that this weekend IS considered the first weekend of May, and is his weekend just like I thought all along.

She is actually calling my ex-husband to explain this to him and if he still tries to file contempt, bring it on

 

[CJane]

I finally spoke with my attorney and wanted to update everyone on this. She went thru my agreement with a fine tooth comb and said that this weekend IS considered the first weekend of May, and is his weekend just like I thought all along.

She is actually calling my ex-husband to explain this to him and if he still tries to file contempt, bring it on

YAY!

And, keep that txt where he said he'd be ok with it if you would be nicer to Mommy and Daddy.

 

[Raisingmaddy]

YAY!

And, keep that txt where he said he'd be ok with it if you would be nicer to Mommy and Daddy.

Oh I definitely will! Thanks for all of your advice, and everyone else. I really appreciate it!!!

Disneyland...here we come!!!

 

[Raisingmaddy]

Update

I just wanted to come back and update everyone about the events that took place due to this issue. I did take the children to Disneyland and we had a fabulous time.

Dad's weekend according to the way I read our agreement should have been the following weekend after we returned. He disagreed and decided it was the weekend after that in which I had plans with the children.

Dad showed up at my home with a police officer and the police officer told me he read the agreement the same as Dad and it was in fact Dads weekend and he even threatened to break down my door and arrest me in front of my children if I did not release the children to Dad and the police officer refused to allow me to call my attorney. I ultimately released the children due to this. This was on a Friday.

Called my attorney Monday morning and she was livid and filed a motion of clarification with the courts. At the same time, Dad's parents also filed a motion with the courts to require me to allow them their own visitation time seperate from Dads visitation.

There was much more to it that I will leave out for now...but we went to court yesterday and the Judge agreed with MY interpretation of the weekends and Dad and the Grandparents were slammed in court for continually and unneccessarily bringing the police to my house and causing a scene in front of the children.

In addition to that, the Granparents were flat out denied any of their own visitation outside of Dads.

Just wanted to update everyone...Dad isn't finished though, he is now trying to change our entire parenting plan even though he doesn't currently show up for the parenting time he already has, he transfers it to the grandparents...to be continued...

 

[LdiJ]

I just wanted to come back and update everyone about the events that took place due to this issue. I did take the children to Disneyland and we had a fabulous time.

Dad's weekend according to the way I read our agreement should have been the following weekend after we returned. He disagreed and decided it was the weekend after that in which I had plans with the children.

Dad showed up at my home with a police officer and the police officer told me he read the agreement the same as Dad and it was in fact Dads weekend and he even threatened to break down my door and arrest me in front of my children if I did not release the children to Dad and the police officer refused to allow me to call my attorney. I ultimately released the children due to this. This was on a Friday.

Called my attorney Monday morning and she was livid and filed a motion of clarification with the courts. At the same time, Dad's parents also filed a motion with the courts to require me to allow them their own visitation time seperate from Dads visitation.

There was much more to it that I will leave out for now...but we went to court yesterday and the Judge agreed with MY interpretation of the weekends and Dad and the Grandparents were slammed in court for continually and unneccessarily bringing the police to my house and causing a scene in front of the children.

In addition to that, the Granparents were flat out denied any of their own visitation outside of Dads.

Just wanted to update everyone...Dad isn't finished though, he is now trying to change our entire parenting plan even though he doesn't currently show up for the parenting time he already has, he transfers it to the grandparents...to be continued...

I am personally glad that dad and the grandparents got some comeuppance in court. I will you good luck for the future, since dad hasn't seemed to have learned his lesson.

What kind of change is he asking for?

 

[Raisingmaddy]

So far I don't have all of the information but I know he is wanting to change the weekends from the 1st and 3rd to every other weekend, more time in the summer months and he currently has six weeks two weeks at a time and he wants to change the holiday schedules.

Again, I haven't seen all of his requests yet and some of them may be reasonable but he has already made it clear that it is not so HE can spend more time with the children, it's so his parents can. We shall see...

 

[LdiJ]

So far I don't have all of the information but I know he is wanting to change the weekends from the 1st and 3rd to every other weekend, more time in the summer months and he currently has six weeks two weeks at a time and he wants to change the holiday schedules.

Again, I haven't seen all of his requests yet and some of them may be reasonable but he has already made it clear that it is not so HE can spend more time with the children, it's so his parents can. We shall see...

Just wait and see what happens. You will likely get sent to mediation (which the grandparents won't be allowed to be present for). However, I have a feeling that the judge isn't going to be feeling too kindly towards dad for dragging you back into court again so soon.

 

[wileybunch]

I just wanted to come back and update everyone about the events that took place due to this issue. I did take the children to Disneyland and we had a fabulous time.

Dad's weekend according to the way I read our agreement should have been the following weekend after we returned. He disagreed and decided it was the weekend after that in which I had plans with the children.

Dad showed up at my home with a police officer and the police officer told me he read the agreement the same as Dad and it was in fact Dads weekend and he even threatened to break down my door and arrest me in front of my children if I did not release the children to Dad and the police officer refused to allow me to call my attorney. I ultimately released the children due to this. This was on a Friday.

Called my attorney Monday morning and she was livid and filed a motion of clarification with the courts. At the same time, Dad's parents also filed a motion with the courts to require me to allow them their own visitation time seperate from Dads visitation.

There was much more to it that I will leave out for now...but we went to court yesterday and the Judge agreed with MY interpretation of the weekends and Dad and the Grandparents were slammed in court for continually and unneccessarily bringing the police to my house and causing a scene in front of the children.

In addition to that, the Granparents were flat out denied any of their own visitation outside of Dads.

Just wanted to update everyone...Dad isn't finished though, he is now trying to change our entire parenting plan even though he doesn't currently show up for the parenting time he already has, he transfers it to the grandparents...to be continued...

Wow, a lot erupted from all that.

FWIW, when you ask for advice on handling a possible contempt situation, it is important to post any and all relevant parenting time and vacation language from your court order, verbatim. If a judge could read your order and determine when weekends started, we could have, too (and also could have helped you point out to the overstepping police how to read it, too).

Why can't his parents pick kids up for visitation? It's pretty unusual to have restrictions on who can pick the kids up unless there's a valid reason to block a certain individual from access or the parties agree (but one party could easily go back and ask for that agreement to be lifted).

 

[LdiJ]

Wow, a lot erupted from all that.

FWIW, when you ask for advice on handling a possible contempt situation, it is important to post any and all relevant parenting time and vacation language from your court order, verbatim. If a judge could read your order and determine when weekends started, we could have, too (and also could have helped you point out to the overstepping police how to read it, too).

Why can't his parents pick kids up for visitation? It's pretty unusual to have restrictions on who can pick the kids up unless there's a valid reason to block a certain individual from access or the parties agree (but one party could easily go back and ask for that agreement to be lifted).

There is a history here Wiley....the grandparents are pretty "toxic" and if they were allowed to pick up the children dad would rarely show for visitation. He lives out of town and does not appear to have all that much interest in the children, its his parents that want them.