Update: Request for continuance was denied. Court is this Thursday.
I will provide an update on what happens.
Update: Request for continuance was denied. Court is this Thursday.
I will provide an update on what happens.
Court has decided on temporary orders. He gets the kids this Spring Break and all summer to make up for missed time. She does not get child support until October. These are just temporary orders as they will need to discuss final outcome. All contempt charges against her were dropped. Lawyers are finalizing the paperwork today.
Note: Ex this morning told my son-in-law that there is no way she will send the kids to him for Spring Break. He pays airfare to get them and she pays to fly them home. He already told his lawyer who is meeting with her lawyer today anyway. So what is the worst that could happen if she does not send them....just another contempt charge?
If he has orders in hand stating he gets them 04/24-04/30, can he go get them with help of local police?
Assuming your son files it, yes, it would be a contempt proceeding. However, the consequenses can be quite punitive, depending upon the pattern of behavior, statutory provisions, etc.So what is the worst that could happen if she does not send them....just another contempt charge?
Both your son and his ex have joint legal custody, therefore the police will not intervene and force the mom to hand over the kids. They leave that stuff to the civil courts to sort out. However, that doesn't mean that your son shouldn't attempt to exercise his visitation with his children. If he doesn't try to get the kids, then he has no grounds to stand on for a contempt motion. Mom could easily say that she saw the error of her ways and would have given your son his kids if he purchased the plane tickets and/or had shown up to get them. Of course, the need to attempt to exercise his visitation does not necessarily mean that he has to physically go to his ex's house; if his court orders say that he is to purchase airline tickets for the kids and she is to put the kids on the plane, but doesn't do so, that should be sufficient for the courts.If he has orders in hand stating he gets them 04/24-04/30, can he go get them with help of local police?
As an aside, and with the realization that the other memebers of this forum may stomp on me for this (and that's okay), I'd like to pose a semi-retorical question: Why were the original contempt allegations dropped?
I realize that I don't have all the facts of this case, and I'm hesitant to question an attorney, but by agreeing to dismiss the contempt "charges" and entering into this temporary visitation agreement, I am concerned that your son may have provided his ex with permission to keep the kids out of state, killed his custody petition, and turned himself into a long distance parent.
Unless they weren't really "dropped". Perhaps your son's ex is stipulating to the allegations.
There are other issues involved with all this...........recording of them vebally abusing each other with one kid present, a years worth of phone texts that were quite nasty, a physical fight with her current boyfriend. The court determined both parents were equally at fault in the accusations and said the ex and her boyfriend had been baiting and recording everything and even stated in a phone text they were planning to get him arrested so he would lose the kids. It has turned into a divorce from Hell. Based on the demands of her lawyer and his lawyer, this is what the court decided.
Yes, he will buy the airline tickets once his lawyer gives him the date........that is really all he can do. I do hope that if she does not put the kids on the plane, there will be some knid of serious consequences.
Note: Even in court, he told the judge he did not feel very confident she would follow through with the court's orders.
Unfortunately, the courts won't act until she actually does (or fails to do) something. I know it's frustrating, but they won't punish her for something she MAY do.Note: Even in court, he told the judge he did not feel very confident she would follow through with the court's orders.
I'm still not clear on how this factors into the mom's unilateral decision to move the kids out of the state, which seems to be a clear violation of their current order. My concerns remain the same.There are other issues involved with all this...........recording of them vebally abusing each other with one kid present, a years worth of phone texts that were quite nasty, a physical fight with her current boyfriend.
The Ex told the court that she left without notice as she was fearful for her and her kids safety after the fight between her boyfriend and my son-in-law.
Unfortunately, I seem to not be getting all the small details on what exactly the lawyer is doing.
We all agree that she violated the custody orders and were very surprised that she really did not get any kind of punishment. Maybe all this is being held to be addressed at a later hearing as the kids well being were the immediate concern for this temporary order. Court is big on equal co-parenting.
UPDATE: I never thought these custody agreements could be so difficult.
Both Lawyers and Judge have signed custody papers that provide my son-in-law to have his kids for two months starting June 5th. He is responsible to set-up and pay airfare to fly them out and she to return them.
Upon receiving his signed papers, he immediately set-up the airfare with him flying to get them and informed his Ex of the flight information. The papers state she must have the kids to the airport 3 hours prior to departure. Departure is at 5 PM.
All of a sudden, the Ex is disputing the agreed dates as she says that one of the kids is signed up for a Gymnastics Event that weekend and will not send them plus wants him to only get the kids for two weeks, fly them home and then back to him again. So another emergency court hearing on May 31st to address this.
Of course, she waited until he had paid for the tickets before complaining. I am confused why her lawyer would have signed the custody papers if the Ex did not agree with them. Or is this just another delay tactic to try and upset my son-in-law? Any comments?
Update tonight. Her lawyer told her that she did have to send the kids for Spring Break. Now the Ex is saying no way until he takes some form of Anger Mangement. Note: No spouce or child abuse at all ever discussed or exists. Court said no reason he could not see his kids.
Emergency meeting with Lawyers and Judge in the morning to deal with this. As fast as the ex can come up with any new thing to delay things, she does. Her lawyer is a little frustrated. Let's see what the judge says in the morning.