What is the name of your state? FL
In a Stipulated Order dated, October 20, 2005, my husband is to receive co-parenting time for summer break as follows (word for word, as written in order):
D. Summer Break: The Father shall have five (5) weeks of co-parenting time during each summer break. The Father shall notify the Mother in writing by no later than May 15th each year as to the dates when he wishes to exercise his summer visitation. The Father's summer visitation shall begin no earlier than one week after school ends and shall end no later than one week prior to school recommencing.
This is almost word for word what the mom's (CP) attorney asked for (as written in the transcripts), but she claims that dad (NCP) only gets to chose between the first or last 5 weeks.
1. Dad sent a letter to mom certified mail with return receipt notifying her of the dates that dad wished to exercise is co-parenting times. He chose June 18th through July 23rd (it was meant to be Father's Day but he wrote "Sunday, June 18th"- he should have written June 17th, but to prevent further complication he is just going with the 18th.) The letter was received and he got a phone call from mom's boyfriend on May 14th stating that he could not have co-parenting time on the days that he "WISHES", that he must chose between the first or last 5 week period.
2. Dad received a certified letter with return receipt from mom notifying him that his "WISHED" dates were interfering with her parenting time during the summer and she was denying his wished dates. She gives dad until May 31st to respond or she will defer his visitation to the last five weeks of the summer which is July 9-August 13 and she will leave for vacation with the child. By the way, the letter was received on Saturday, May 26th and with the long weekend and no mail on Monday it will be difficult to get a response back by the 31st, but dad has sent one stating the original dates that he requested (Certified mail/return receipt).
Mom's defense is that the Court only gives him the ability to chose the dates that he "WISHES" not the dates to exercise visitation, and she believes that she gets the final decision as to grant his "WISHES"
Dad also has phone recordings of the conversations that become very abusive to dad. Please note that dad did notify the mom & boyfriend that they were being recorded, the boyfriend stated that he did not want to be recorded and dad told him to get off the phone then, since he had no legal standing in the matter. The boyfriend continued the conversation, so are these recordings usable for anything? At one point the boyfriend actually tells the child to come talk to her F------ A--Hole father.
Is my husbang correct in his interpretation of the order? There were no issues involving the dates that he chose last year under this same order. Can he in fact chose to exercise his visitation during any 5 weeks of the summer as long as they don't fall within 1 week of school getting out or starting back?
Can the recordings be used in court to show the interference with visitation/phone contact? The mom refuses to give a home phone number to dad and makes him leave a message on the boyfriend's cell. When they do let the child return the call, it is usually several days later and only after dad leaves other messages.
In case it may be important, the child is 14 years old and lives about 5 miles away, so any summer activities could be continued while at our home.What is the name of your state?What is the name of your state?
In a Stipulated Order dated, October 20, 2005, my husband is to receive co-parenting time for summer break as follows (word for word, as written in order):
D. Summer Break: The Father shall have five (5) weeks of co-parenting time during each summer break. The Father shall notify the Mother in writing by no later than May 15th each year as to the dates when he wishes to exercise his summer visitation. The Father's summer visitation shall begin no earlier than one week after school ends and shall end no later than one week prior to school recommencing.
This is almost word for word what the mom's (CP) attorney asked for (as written in the transcripts), but she claims that dad (NCP) only gets to chose between the first or last 5 weeks.
1. Dad sent a letter to mom certified mail with return receipt notifying her of the dates that dad wished to exercise is co-parenting times. He chose June 18th through July 23rd (it was meant to be Father's Day but he wrote "Sunday, June 18th"- he should have written June 17th, but to prevent further complication he is just going with the 18th.) The letter was received and he got a phone call from mom's boyfriend on May 14th stating that he could not have co-parenting time on the days that he "WISHES", that he must chose between the first or last 5 week period.
2. Dad received a certified letter with return receipt from mom notifying him that his "WISHED" dates were interfering with her parenting time during the summer and she was denying his wished dates. She gives dad until May 31st to respond or she will defer his visitation to the last five weeks of the summer which is July 9-August 13 and she will leave for vacation with the child. By the way, the letter was received on Saturday, May 26th and with the long weekend and no mail on Monday it will be difficult to get a response back by the 31st, but dad has sent one stating the original dates that he requested (Certified mail/return receipt).
Mom's defense is that the Court only gives him the ability to chose the dates that he "WISHES" not the dates to exercise visitation, and she believes that she gets the final decision as to grant his "WISHES"
Dad also has phone recordings of the conversations that become very abusive to dad. Please note that dad did notify the mom & boyfriend that they were being recorded, the boyfriend stated that he did not want to be recorded and dad told him to get off the phone then, since he had no legal standing in the matter. The boyfriend continued the conversation, so are these recordings usable for anything? At one point the boyfriend actually tells the child to come talk to her F------ A--Hole father.
Is my husbang correct in his interpretation of the order? There were no issues involving the dates that he chose last year under this same order. Can he in fact chose to exercise his visitation during any 5 weeks of the summer as long as they don't fall within 1 week of school getting out or starting back?
Can the recordings be used in court to show the interference with visitation/phone contact? The mom refuses to give a home phone number to dad and makes him leave a message on the boyfriend's cell. When they do let the child return the call, it is usually several days later and only after dad leaves other messages.
In case it may be important, the child is 14 years old and lives about 5 miles away, so any summer activities could be continued while at our home.What is the name of your state?What is the name of your state?
