Problem with child travel because motion to claify was denied PLEASE HELP!!!!

[beeboah]

When the judge denied my motion to clarify on the following judgment he left a real mess behind.

This is what both CP and NCP agreed upon in our stipulation signed by the judge:

"Agree that all transportation of the minor child and the financial financial responsibility for such be equally split between the parties".

Original Solution:

Get the price for a round trip ticket and I would buy it on my credit card. Ex would send me half of the price via check in the mail.

Note: Ex indicated that they didn't have a credit card, or a debit card with a visa logo (yea sure).

Problem with that:

Ex decided to delay reimbursement whenever she felt like it, and for whatever reason.

My proposed solution: My motion to clarify which was globally denied by the judge.

Current Situation:

Ex won't answer emails concerning how transportation will be split. Won't answer emails at all. (I refuse to take phone calls from her because she screams abuses etc).

I have completely weaned her off of the phone as a communication medium, and advised that all phone calls would be recorded (because she advised me that all phone calls would be recorded years ago in writing which gave me implicit consent to do the same)

Phone communication has been delegated to emergency use only, to the extent that I will hang up if there is any garbage trickling into my eardrum.

Certified mails are all ignored and returned (judge didn't seem to care).

Problems that I see:

1) If I buy a plane ticket for the child's travel here and "let the chips fall where they may", the ex will "suddenly" claim that they bought the same ticket.

2) If I buy a plane ticket for the child's travel here and "let the chips fall where they may", the ex may not even communicate with me concerning the child's return.
Now on some "thoughtless" boards, some have said that I should just buy the ticket, and if the other parent doesn't want to pick the child up, then it's their problem. I don't buy into that, and think the Fed will come knocking at my door.

3) If I drive down there, the ex may withold the child. If I show the police the court order, they will try and call it a "civil" matter. All of my money going down there would have been wasted and I won't get to see my child.

Sure I can sue for contempt later. In front of the same judge who is biased. :(

Solutions that I have thought up:

1) Serve her notice that I will be buying ticket "X", and that she is responsible for buying ticket "Y". Of course, she will duck service etc. so I would have to go on to serve by publication.

2) Drive down and get my kid. Convince police that she is witholding visitation pursuant to court order "fat chance".

3) Appeal the decision (only have 20 days left to do it). It is expensive, and no judgment would be granted before next visitation time.

The big problem is that ex refuses to communicate concerning visitation. Probably because they feel invincible due to the judge's biased ruling.

I am LOST!

Please help!

[ezrhythm]

Does the court order state what specific time you are to have the child returned? Or is that what the clarification was for?
If there is no specific time child must be returned, it is difficult to hold you liable for not returning the child.

If you buy a ticket, will she put your child on the plane?
You can buy a round trip ticket with the option to change the return itinerary.
Sometimes it is required of us to pay for all the expenses in order for us to spend time with our children.

If she resists to let you see your child at all;
If child attends school, pick up from there. Somewhat earlier if X will be there to pick up. If issue arrises with school administration or police, show court order.

It is important that you learn how to do a default process with the X and the court in order for you to obtain the timeshare you desire with your child.

[beeboah]

.................

[ndusa]

Originally Posted by beeboah

When the judge denied my motion to clarify on the following judgment he left a real mess behind.

This is what both CP and NCP agreed upon in our stipulation signed by the judge:

"Agree that all transportation of the minor child and the financial financial responsibility for such be equally split between the parties".

Original Solution:

Get the price for a round trip ticket and I would buy it on my credit card. Ex would send me half of the price via check in the mail.

Note: Ex indicated that they didn't have a credit card, or a debit card with a visa logo (yea sure).

Problem with that:

Ex decided to delay reimbursement whenever she felt like it, and for whatever reason.

My proposed solution: My motion to clarify which was globally denied by the judge.

Current Situation:

Ex won't answer emails concerning how transportation will be split. Won't answer emails at all. (I refuse to take phone calls from her because she screams abuses etc).

I have completely weaned her off of the phone as a communication medium, and advised that all phone calls would be recorded (because she advised me that all phone calls would be recorded years ago in writing which gave me implicit consent to do the same)

Phone communication has been delegated to emergency use only, to the extent that I will hang up if there is any garbage trickling into my eardrum.

Certified mails are all ignored and returned (judge didn't seem to care).

Problems that I see:

1) If I buy a plane ticket for the child's travel here and "let the chips fall where they may", the ex will "suddenly" claim that they bought the same ticket.

2) If I buy a plane ticket for the child's travel here and "let the chips fall where they may", the ex may not even communicate with me concerning the child's return.
Now on some "thoughtless" boards, some have said that I should just buy the ticket, and if the other parent doesn't want to pick the child up, then it's their problem. I don't buy into that, and think the Fed will come knocking at my door.

3) If I drive down there, the ex may withold the child. If I show the police the court order, they will try and call it a "civil" matter. All of my money going down there would have been wasted and I won't get to see my child.

Sure I can sue for contempt later. In front of the same judge who is biased. :(

Solutions that I have thought up:

1) Serve her notice that I will be buying ticket "X", and that she is responsible for buying ticket "Y". Of course, she will duck service etc. so I would have to go on to serve by publication.

2) Drive down and get my kid. Convince police that she is witholding visitation pursuant to court order "fat chance".

3) Appeal the decision (only have 20 days left to do it). It is expensive, and no judgment would be granted before next visitation time.

The big problem is that ex refuses to communicate concerning visitation. Probably because they feel invincible due to the judge's biased ruling.

I am LOST!

Please help!

I don't think the feds are going to waste thier time with you.

I would buy the ticket, hell, buy the next ten, she'll pay, sooner or later.

The whole comunication thing seems a bit childish, and I'm sure the court will see it that way as well. Mature adults talk/work things out, court is the last resort. This is where your upsetting the judge. I'm not trying to be harsh, but look at it from his point, "why are we here, why are we spending the tax dollars, when you two should have worked it out". See what I'm saying?? If you have $200/month in phone bills to show him, sure he'll bend over backwards for you, but to just file because of lack of communication is boarding on "Frivolus".

If she withholds visitation, custody can change, no matter how much the judge dislikes you.

If your really gung-ho, why not just file a new DETAILED visitation plan, which if not rebuted, would be place into affect.

Yes, you can "sue" for contempt, really, you file to "show cause". Contempt is very powerful if you know what your doing. But, I would be careful as you don't talk with her, you go file papers because you two can't talk, and you think the judge is an ass now, just wait.

[ndusa]

Originally Posted by ndusa

I don't think the feds are going to waste thier time with you.

I would buy the ticket, hell, buy the next ten, she'll pay, sooner or later.

The whole comunication thing seems a bit childish, and I'm sure the court will see it that way as well. Mature adults talk/work things out, court is the last resort. This is where your upsetting the judge. I'm not trying to be harsh, but look at it from his point, "why are we here, why are we spending the tax dollars, when you two should have worked it out". See what I'm saying?? If you have $200/month in phone bills to show him, sure he'll bend over backwards for you, but to just file because of lack of communication is boarding on "Frivolus".

If she withholds visitation, custody can change, no matter how much the judge dislikes you.

If your really gung-ho, why not just file a new DETAILED visitation plan, which if not rebuted, would be place into affect.

Yes, you can "sue" for contempt, really, you file to "show cause". Contempt is very powerful if you know what your doing. But, I would be careful as you don't talk with her, you go file papers because you two can't talk, and you think the judge is an ass now, just wait.

If she witholds visitation, IM me, and Ill send you a writ of H. to get your kid(s), which will instruct ALL law enforcent to help in the collection of your child(ren).

[beeboah]

Originally Posted by ndusa

If she witholds visitation, IM me, and Ill send you a writ of H. to get your kid(s), which will instuct ALL law enforcent to help in the collection of your child(ren).

I missed this post. Thank you very much. Remember, I cannot make my ex work things out with me. Court was the last resort. The ex refused to work things out just for the sake or fun of it. I cannot control her.

[ndusa]

Originally Posted by beeboah

I missed this post. Thank you very much. Remember, I cannot make my ex work things out with me. Court was the last resort. The ex refused to work things out just for the sake or fun of it. I cannot control her.

Have you tried mediation? Some courts may require you to do that first. Also, this could work to your advantage. send me a private message if you need a little help, I know a couple people who know alot about these types of cases. Sorry she's being hard headed!

[beeboah]

Originally Posted by ndusa

Have you tried mediation? Some courts may require you to do that first. Also, this could work to your advantage. send me a private message if you need a little help, I know a couple people who know alot about these types of cases. Sorry she's being hard headed!

Thank you very much ndusa. Mediation is required pursuant to FL state law. The ex just sits there and refuses to mediate.

[ndusa]

No problem, I can get you a couple of peoples email that can help if you need it. Good luck.

[ndusa]

Here is an example sent to me on contempt against a mother, this may help you in some way:

Father has brought contempt against the Mother on previous occasions. Father has also been treated prujudicially by the court. Mother has also failed to provide the Father with daycare receipts and has denied telephone contact.

[X] Failure to comply with the parenting plan as follows:
I was supposed to have my daughter the weekend of March 26th and 27th, 2002. I was supposed to pick my daughter up in front of Red Robin at the Northgate Mall at 10 AM pursuant to the court order and the Mother, simply, did not show up.

I waited for approximately 1.45 hours, until 11:15 AM. The Mother did not call. I obtained a statement from the manager of [Restaurant Name Here] to verify how long I waited and from an additional business owner, next door.

Further, I called my message phone to see if the Mother had called. But, she had not. I had no other contact from the Mother regarding why she had not shown up. Furthermore I called one of the Mothers' message telephone numbers and asked the Mothers' sister to have the Mother call me. The Mother did not.

I have had no contact from the Mother regarding the missed visitation.

I believe that the Mother is attempting to enforce a provision of this courts order that states that she does not have to provide daycare receipts, to me, if I miss 2 visitation during an 8 week period.

Further, the Mother was ordered to provide me with daycare receipts once per month. She has not done so. this is a further violation of this courts order.

My missed time with my daughter was due to the Mother's flagrant disregard for this courts order.

The Mother should be found in contempt for her willful disregard for the court ordered visitation.

There has been the pattern of custodial interference, that the Mother has established throughout this entire case.

The Mother has stated, for the record, and has misled the court into thinking, that I have been the one that has used "abusive use of conflict". This is simply not the case!

I am bringing this action to prevent the Mother from continuing to custodially interfere with my visitations and from contacting my daughter, as per court order and from stating, further, that I am negligent or abusive in any way.

This court should also know that I have also attempted to contact my daughter on the telephone and have not been able to contact her since the date of this courts order. The order specifically states that both parties are to provide each others telephone numbers to exchange information regarding the welfare of my daughter.

I have never received any communication by leaving messages at the telephone numbers that the Mother provides.

Also, the Mother has not provided me with information regarding school activities and about health insurance as outlined in the court order. I have not been informed as to where the child attends school.


Additionally, the Mother has had a pattern, and continues said pattern, of making disparaging remarks about me to various parties.
Furthermore, this past weekend of April 9th and the 10th the Mother denied me visitation again. I called the message phone of the Mother. When she called back she indicated that she would not make the child avaiable for visitation.

I am also asking for terms in the amount of $500.00 for each violation of contempt (X 3), for having to bring this action before the court and I am asking that the missed time be made up at two times what the I am entitled to, pursuant to court order.