Stop ex-wife from calling police on my relatives

[thedoctorisin]

Thanks for all the help, everyone!

It looks like the court did an "automatic" summons for minor children over the age of 12. I can't imagine why there would be such a summons at all, much less an "automatic" one.

Anyway, I am hoping that both sides can all work something out now so that my daughter does not have to go to court in the first place. My ex-wife basically has a "you summoned her, it's your fault she's missing school, that's what you get for suing me" kind of attitude, but I'm hoping her attorney will be more reasonable.

 

[thedoctorisin]

my life is mine,

Good catch on the automatic service of my daughter!

For the support calculation, I found what I was looking for here:

§ 20-108.2.

G.3. Shared custody support.

(a) (ii) Custody share. "Custody share" means the number of days that a parent has physical custody, whether by sole custody, joint legal or joint residential custody, or visitation, of a shared child per year divided by the number of days in the year. The actual or anticipated "custody share" of the parent who has or will have fewer days of physical custody shall be calculated for a one-year period. The "custody share" of the other parent shall be presumed to be the number of days in the year less the number of days calculated as the first parent's "custody share." For purposes of this calculation, the year may begin on such date as is determined in the discretion of the court, and the day may begin at such time as is determined in the discretion of the court. For purposes of this calculation, a day shall be as defined in subdivision G 3 (c).

...

(c) Definition of a day. For the purposes of this section, "day" means a period of 24 hours; however, where the parent who has the fewer number of overnight periods during the year has an overnight period with a child, but has physical custody of the shared child for less than 24 hours during such overnight period, there is a presumption that each parent shall be allocated one-half of a day of custody for that period.

 

[my life is mine]

my life is mine,

Good catch on the automatic service of my daughter!

I am sorry that I had to be the bearer of bad news, but now you understand why daughter is required to be in court, most likely she won't even step into court room, mine did not until they were asked to by GAL, so Judge could explain something to them.

I must admit I had the same attitude your Ex has about the school missing issue, because Ex felt he needed me to go to court every few months there for awhile. I learned a few things though, like have teen bring school work or a book, (DO NOT TAKE ANYTHING ELECTRONIC!), bring change for vending machines, find the closest bathroom, because nerves make us all have to go...

 

[my life is mine]

If you turn on PM's we can chat there...

 

[thedoctorisin]

After conferring with my ex-wife, my ex-wife's attorney has turned down the request to exclude our daughter from the pre-trial hearing. So I guess it will be a fun time for all.

 

[my life is mine]

Most likely daughter will sit in a waiting area, she could possibly never see the inside of court room. After 5 years of EX taking me to court which meant kids were also told to come, kids only seen the inside of courtroom once and that was at the asking of GAL to please explain the latest court order to them.

 

[thedoctorisin]

And the answer is ...

Here is what the judge wrote in his ruling:

The mother should talk to the father and child before calling the police to do a welfare check on the child, absent extreme circumstances, so as to avoid embarrassing her when it is not warranted by the circumstances.

 

[wileybunch]

OP, I missed this thread previously, but your ex sounds just like my DH's ex in terms of the interference and manipulations with the child and hating him more than she loves the kids. So I totally understand why you are trying to close loopholes, boy I do. But, there is something to be said for filing orders to show cause why she shouldn't be held in contempt. On the one hand closing loopholes can potentially prevent stupidity in the first place, but sometimes I think being *this.close* to going to jail is a good reality slap in the face for someone that thinks they are above the law.

 

[thedoctorisin]

OP, I missed this thread previously, but your ex sounds just like my DH's ex in terms of the interference and manipulations with the child and hating him more than she loves the kids. So I totally understand why you are trying to close loopholes, boy I do. But, there is something to be said for filing orders to show cause why she shouldn't be held in contempt. On the one hand closing loopholes can potentially prevent stupidity in the first place, but sometimes I think being *this.close* to going to jail is a good reality slap in the face for someone that thinks they are above the law.

Thanks for the sympathy - I'm sorry to hear about your DH's ex. And thanks for the advice too. If my ex-wife violates any of the provisions of the new order, I will try another show cause on her.