CJane
Senior Member
What is the name of your state? MO
Yesterday was my kids' field day at school. I attended, neither the ex nor the stepmother did. When I arrived at the school, I was talking to the 6 year old's teacher and she told me that as soon as the kids were done with their events, they would be excused for the day as there was nothing else planned other than 'free play' and movies. I called and left a message on SMom's cell phone (the ex has been out of town all week) that I would bring the kids home (to her house since this is their Friday/weekend) if they were done before regular dismissal, and if that was a problem to let me know. I did not hear back from her.
So, the 6 year old was done at about 11:30 and I signed her out and she watched the 9 year old's events with me. The 9 year old was finished at 2 pm. Rather than send them back into the school to essentially sit around for an hour or so, I drove them the 15 minutes to the ex's house and dropped them off.
SMom was perfectly happy with this arrangement, and we stood around and talked for a lil while about the babies and just stuff. I also suggested that the ex and I swap custody times this next week since he's been out of town and hasn't seen the kids in just over a week, and they could have them from Sunday night to Wednesday evening, and I'd take them from Wed evening through my weekend. She thought it sounded great and said she's talk to the ex.
So, I got a call from the ex last night, wanting to know if I was going to 'exercise my extra time' for Mother's Day. I told him that what I thought would be best was that he go ahead and take the kids to church on Sunday morning so they could do the lil mother's day rose presentation with the Smom, and that I would pick them up after for my time. (I'm technically supposed to have from 9am-9pm).
I asked if he'd spoken to his wife yet, and he said no, so I told him that I'd talked to her and outlined what I had proposed.
He was irate. That's really the only way to describe it. Wanted to know when I'd talked to his wife, what I thought gave me the right to speak to his wife, told me that I had no right at all to have the children in my vehicle on his day, that he wasn't even really crazy about me attending a school event on his day, and if he ever found out I was 'attempting to take the kids w/out his express written permission', he'd file charges
1) So, I guess what I want to know is WAS I in violation of the court order to sign them out of school and drive them straight to his house on his day?
2) My order says this:
3) The current order has a clause in it stating that I must have Ex's consent to take the children more than 100 miles from his home unless I'm going to my hometown for see my family.
The new order will not contain this language. I know that in a strict legal sense, I must adhere to the current order until the new one is filed. However, I'm curious from a common sense standpoint what ramifications there would be for me if I did take them outside that 100 mile radius between now and the new order being filed (assuming I did not get the ex's consent). Would a judge see it as punishable contempt if the issue was raised?
Yesterday was my kids' field day at school. I attended, neither the ex nor the stepmother did. When I arrived at the school, I was talking to the 6 year old's teacher and she told me that as soon as the kids were done with their events, they would be excused for the day as there was nothing else planned other than 'free play' and movies. I called and left a message on SMom's cell phone (the ex has been out of town all week) that I would bring the kids home (to her house since this is their Friday/weekend) if they were done before regular dismissal, and if that was a problem to let me know. I did not hear back from her.
So, the 6 year old was done at about 11:30 and I signed her out and she watched the 9 year old's events with me. The 9 year old was finished at 2 pm. Rather than send them back into the school to essentially sit around for an hour or so, I drove them the 15 minutes to the ex's house and dropped them off.
SMom was perfectly happy with this arrangement, and we stood around and talked for a lil while about the babies and just stuff. I also suggested that the ex and I swap custody times this next week since he's been out of town and hasn't seen the kids in just over a week, and they could have them from Sunday night to Wednesday evening, and I'd take them from Wed evening through my weekend. She thought it sounded great and said she's talk to the ex.
So, I got a call from the ex last night, wanting to know if I was going to 'exercise my extra time' for Mother's Day. I told him that what I thought would be best was that he go ahead and take the kids to church on Sunday morning so they could do the lil mother's day rose presentation with the Smom, and that I would pick them up after for my time. (I'm technically supposed to have from 9am-9pm).
I asked if he'd spoken to his wife yet, and he said no, so I told him that I'd talked to her and outlined what I had proposed.
He was irate. That's really the only way to describe it. Wanted to know when I'd talked to his wife, what I thought gave me the right to speak to his wife, told me that I had no right at all to have the children in my vehicle on his day, that he wasn't even really crazy about me attending a school event on his day, and if he ever found out I was 'attempting to take the kids w/out his express written permission', he'd file charges
1) So, I guess what I want to know is WAS I in violation of the court order to sign them out of school and drive them straight to his house on his day?
2) My order says this:
So, since I thought my deadline was May 15 and was too stupid to check until now... does the fact that I (respondent) have not notified him of the 2 week period mean that I either forfeit my time, or he has to 'approve' my time? Nowhere in the order is there any language that states what happens if either of us does not give notification by the dates specified.The respondent shall have the minor children one continuous two week period during the summer months when school is not in session and ending not later than August 15 of each year. <snip> Respondent shall provide written notice to petitioner each year prior to May 1, advising petitioner of the two week period selected by respondent.
3) The current order has a clause in it stating that I must have Ex's consent to take the children more than 100 miles from his home unless I'm going to my hometown for see my family.
The new order will not contain this language. I know that in a strict legal sense, I must adhere to the current order until the new one is filed. However, I'm curious from a common sense standpoint what ramifications there would be for me if I did take them outside that 100 mile radius between now and the new order being filed (assuming I did not get the ex's consent). Would a judge see it as punishable contempt if the issue was raised?