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newly modified parenting plan is being violated by custodial parent; info re: Supplemental Judgment

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#1
What is the name of your state? Oregon

There is a very long history with my son's mother but I will try to keep it brief and stick to relevant points. I recently requested a modification of my parenting time to get more time with my son who lives almost 200 miles away. I was granted more time, but not as much as I had asked. My son's mom opposed any changes (I was seeing him once a month for two hours and I had made the entire trip to them). She was dead-set against me having any more time at all. If she could completely remove me from his life she would. Our hearing was a little over a month ago and per the judge's ruling my parenting time would be as follows: once a month visit that he specified would be on the second Saturday of each month for a longer period of time. If I made every visit without being late for 6 months I could move the court for another modification, however if I missed even one visit during those following 6 months he would terminate my parenting time completely. He tasked my son's mother with drafting the supplemental judgment.

The proposed judgment she sent me contained language that was not in adherence with the judge's oral ruling at the hearing, giving herself more discretion and authority than the judge had given her. For example, the judge said the second Saturday of every month at 10am at a specific location. Her judgment read the visits would take place at the specified location, "or a location determined by the mother." There were several more examples of this where she took the judges ruling and liberally applied her own provisions throughout. I sent her my objections, but now she is claiming she never received them (even though I have proof that she did via USPS tracking number.) The hearing was over a month ago and she had not submitted the Supplemental Judgment to the Court, therefore there is currently no Order signed by the judge that sets forth the new parenting time modifications.

Then, last Thursday my son's mother sent me a text message that said my next visit (in July, this will be the 2nd visit since he hearing) would take place on the last weekend of the month instead because our son was going out of state to stay with his aunt and would not be home when my visit was scheduled. I told her she couldn't just change my visit and that she needed to have my son at my visit, and that I would not be available on the date she was attempting to change my visit to because I will be out of town (which is the truth). She then said the discussion was over and if I wasn't available on the fourth Saturday, then I wouldn't get a visit in July at all. She knows that if I miss my visit the judge will terminate my parenting time, and I believe that is her intention. She knew about this trip when we had our hearing and could have brought it up then, but waited to tell me until 5 days before my son left on his trip. I want to file a motion to show cause for enforcement of the parenting plan, but a requirement is to attach a copy of the Order which currently doesn't exist on paper because she still has not submitted a judgment or sent me a revision. The hearing was 6 weeks ago! is there a time limit for her to file this?

Even though the judge asked her to do draft the supplemental judgment, since she just isn't doing it, can I submit a supplemental judgment? Would the judge be upset and perceive my filing of the document as a disregard to his decision to have her draft it? How can I address the court so that my son's mom is made to adhere to the parenting plan that the judge created? I am 100% positive that she is going to continue to try to 'pull rank' and do things like this every month to sabotage me. PLEASE HELP. where do i go from here...
 


LdiJ

Senior Member
#2
What is the name of your state? Oregon

There is a very long history with my son's mother but I will try to keep it brief and stick to relevant points. I recently requested a modification of my parenting time to get more time with my son who lives almost 200 miles away. I was granted more time, but not as much as I had asked. My son's mom opposed any changes (I was seeing him once a month for two hours and I had made the entire trip to them). She was dead-set against me having any more time at all. If she could completely remove me from his life she would. Our hearing was a little over a month ago and per the judge's ruling my parenting time would be as follows: once a month visit that he specified would be on the second Saturday of each month for a longer period of time. If I made every visit without being late for 6 months I could move the court for another modification, however if I missed even one visit during those following 6 months he would terminate my parenting time completely. He tasked my son's mother with drafting the supplemental judgment.

The proposed judgment she sent me contained language that was not in adherence with the judge's oral ruling at the hearing, giving herself more discretion and authority than the judge had given her. For example, the judge said the second Saturday of every month at 10am at a specific location. Her judgment read the visits would take place at the specified location, "or a location determined by the mother." There were several more examples of this where she took the judges ruling and liberally applied her own provisions throughout. I sent her my objections, but now she is claiming she never received them (even though I have proof that she did via USPS tracking number.) The hearing was over a month ago and she had not submitted the Supplemental Judgment to the Court, therefore there is currently no Order signed by the judge that sets forth the new parenting time modifications.

Then, last Thursday my son's mother sent me a text message that said my next visit (in July, this will be the 2nd visit since he hearing) would take place on the last weekend of the month instead because our son was going out of state to stay with his aunt and would not be home when my visit was scheduled. I told her she couldn't just change my visit and that she needed to have my son at my visit, and that I would not be available on the date she was attempting to change my visit to because I will be out of town (which is the truth). She then said the discussion was over and if I wasn't available on the fourth Saturday, then I wouldn't get a visit in July at all. She knows that if I miss my visit the judge will terminate my parenting time, and I believe that is her intention. She knew about this trip when we had our hearing and could have brought it up then, but waited to tell me until 5 days before my son left on his trip. I want to file a motion to show cause for enforcement of the parenting plan, but a requirement is to attach a copy of the Order which currently doesn't exist on paper because she still has not submitted a judgment or sent me a revision. The hearing was 6 weeks ago! is there a time limit for her to file this?

Even though the judge asked her to do draft the supplemental judgment, since she just isn't doing it, can I submit a supplemental judgment? Would the judge be upset and perceive my filing of the document as a disregard to his decision to have her draft it? How can I address the court so that my son's mom is made to adhere to the parenting plan that the judge created? I am 100% positive that she is going to continue to try to 'pull rank' and do things like this every month to sabotage me. PLEASE HELP. where do i go from here...
You should draw one up and submit it to the judge for signature. You must serve her with a copy.
 

HRZ

Senior Member
#3
IF she is proposing to violate the very order she is proposing , but not yet in place....I would paper that well! I have no doubt you are being set up to fail .

I agree with LdiJ..draw up a proposed order in exact compliance with what judge addressed and submit it to judge as well as Mom . SOON like IMMEDIATELY before the order with Mom's creative additions gets entered ...you'd be smart to use paid counsel to double check your writing and steps ...if Mom gets her version in place and you are in default of same you may be toast for a long long time .
 
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