Wondering what I am supposed to do

[MUNCIEMOMUV2]

What is the name of your state? Indiana

My ex (NCP) has our daughter for his summer visitation. Our court order states he has visitation according to the Indiana state guidelines and he moved over two hours away and the court also ordered that he is responsible for all transportation regarding visitation. Since he has her I am supposed to have her for EOW visitation (During any extended summer period of more than two (2) consecutive weeks with the non-custodial parent, the custodial parent shall have the benefit of the regular parenting time schedule set forth above) that part is from the guidelines.

We already discussed this that I was to have her EOW same as his schedule but he brought her yesterday and dropped her off at the door and took off and told her to tell me he would be back at 3 (yesterday) to get her, so I didnt get my full weekend with her. First off I know we are not supposed to go through the child about the visitation so I was not happy about that but I am very upset because he didnt allow me to have my full weekend.

Our daughters b-day is July 5 and he has to work so he says he cant bring her to me that day (understandable) but July 7 is the next time I am supposed to have her but our daughter told me that her father has said he doesnt think he can bring her that weekend and his fiance chimed in and told our daughter that her father probably wasnt going to be making anymore trips back to Muncie (where I live). Our daughter is very upset and begged me not to send her back to him as she is unhappy there but I made her go back because that is her fathers right to have visitation with her.


OK, sorry for the long post but I need to know what can be done about this since he is not allowing me to have my full EOW and if he decides not to bring her the next time and its ordered he has to provide all transportation what can I do? I told her if he doesnt bring her to call me an I will come and get her, would they be able to stop me from getting her and what can I do for him not following the courts orders?

 

[escape2paradise]

What is the name of your state? Indiana

My ex (NCP) has our daughter for his summer visitation. Our court order states he has visitation according to the Indiana state guidelines and he moved over two hours away and the court also ordered that he is responsible for all transportation regarding visitation. Since he has her I am supposed to have her for EOW visitation (During any extended summer period of more than two (2) consecutive weeks with the non-custodial parent, the custodial parent shall have the benefit of the regular parenting time schedule set forth above) that part is from the guidelines.

We already discussed this that I was to have her EOW same as his schedule but he brought her yesterday and dropped her off at the door and took off and told her to tell me he would be back at 3 (yesterday) to get her, so I didnt get my full weekend with her. First off I know we are not supposed to go through the child about the visitation so I was not happy about that but I am very upset because he didnt allow me to have my full weekend.

Our daughters b-day is July 5 and he has to work so he says he cant bring her to me that day (understandable) but July 7 is the next time I am supposed to have her but our daughter told me that her father has said he doesnt think he can bring her that weekend and his fiance chimed in and told our daughter that her father probably wasnt going to be making anymore trips back to Muncie (where I live). Our daughter is very upset and begged me not to send her back to him as she is unhappy there but I made her go back because that is her fathers right to have visitation with her.


OK, sorry for the long post but I need to know what can be done about this since he is not allowing me to have my full EOW and if he decides not to bring her the next time and its ordered he has to provide all transportation what can I do? I told her if he doesnt bring her to call me an I will come and get her, would they be able to stop me from getting her and what can I do for him not following the courts orders?

Send him a certified letter. Tell him that this last weekend was not per the order and that is not acceptable. Tell him you expect that your daughter will be home on the next scheduled weekend and that he will transport her. Quote the sections from you parenting plan that support this. If you are to have her for her birthday, then you need to outline that as well. Let him know that if he does not follow the order you will have him back in court on contempt charges. I would also request makeup time for the lost time this past weekend.

 

[Ohiogal]

She let the child leave with dad at a time when she did not have to. She could have kept the child for her weekend and if dad were to do transportation then he would have had to come back to get her. Instead she let the child go -- so dad would not be in contempt for this weekend nor would he owe her makeup time for her allowing the child to return with dad before her time was up.
HOWEVER, she needs to make sure that she exercises the rest of her time. The certified letter is a good idea. If dad does not show up then she goes to get her daughter on her time and keeps her until dad comes to get daughter at the end of her time> Dad doesn't come then that is on him. Dad would be in contempt for not providing transportation to visitation and as long as mom has child available then mom is not in contempt.

 

[escape2paradise]

She let the child leave with dad at a time when she did not have to. She could have kept the child for her weekend and if dad were to do transportation then he would have had to come back to get her. Instead she let the child go -- so dad would not be in contempt for this weekend nor would he owe her makeup time for her allowing the child to return with dad before her time was up.

I guess I wasn't clear on this. I realize that he was not in contempt for the last weekend. It was really intended as an afterthought. If she were to include the request for makeup time in the letter, he may just be scared enough by the rest of the letter to grant it. It may be worth a shot anyway.