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  1. #11
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    Oct 2006
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    16,474

    Default Re: Violating Court Order, Visitation

    Quote Quoting jk
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    I know many casinos have daycare centers. It’s actually more for the patrons butif they allow the employees to use it, what’s the harm?


    Again, he isn’t keeping your son away from you. It’s your situstion that’s causing the problem.


    Here’s the solution;

    you either leave work early, change your schedule, or take the day off so you can pick up your son when the exchange is scheduled to take place. While you may not be explaining it well here, what I see is not the father causing a problem but your schedule causing problems and you want the father to accommodate your scheduling issues.
    I really disagree with the bolded. I think its the fault of both parents for making an agreement that does not work with their respective work schedules. It is not reasonable for either parent to have to miss work in order to follow a parenting schedule. The schedule needs to be changed to work with their respective work schedules. If that means that the child spends the afternoon on Fridays with a babysitter or relative, then so be it.

    June, if you cannot pick up the child at his home at noon, then you need to find someone else to do it for you...no matter how difficult that is. The only solutions you have offered require inconveniencing dad. Figure out a way to get the child picked up.

  2. #12
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    Jan 2006
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    38,867

    Default Re: Violating Court Order, Visitation

    Quote Quoting llworking
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    I really disagree with the bolded. I think its the fault of both parents for making an agreement that does not work with their respective work schedules. It is not reasonable for either parent to have to miss work in order to follow a parenting schedule. The schedule needs to be changed to work with their respective work schedules. If that means that the child spends the afternoon on Fridays with a babysitter or relative, then so be it.

    June, if you cannot pick up the child at his home at noon, then you need to find someone else to do it for you...no matter how difficult that is. The only solutions you have offered require inconveniencing dad. Figure out a way to get the child picked up.
    Regardless, the order is what it is at the moment and it is the mother’s lack of availability to pick up the child that is the issue. Dad is simply taking care of what he is handed.

    So mom needs to figure out how to pick up her child when the exchange is scheduled or stop complaining that dad isn’t missing work and wait beyond the scheduled time to accommodate the mothers time schedule issues.

  3. #13
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    Oct 2006
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    16,474

    Default Re: Violating Court Order, Visitation

    Quote Quoting jk
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    Regardless, the order is what it is at the moment and it is the mother’s lack of availability to pick up the child that is the issue. Dad is simply taking care of what he is handed.

    So mom needs to figure out how to pick up her child when the exchange is scheduled or stop complaining that dad isn’t missing work and wait beyond the scheduled time to accommodate the mothers time schedule issues.
    Did you not read my second paragraph?

  4. #14
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    Jan 2006
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    Default Re: Violating Court Order, Visitation

    Quote Quoting llworking
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    Did you not read my second paragraph?
    Yes I did But the fact you disgvree with my conclusion that the father is not keeping the child away from the mother and it is her schedule that is causing the issue is what I was addressing. The father doesn’t appear to be doing anything to keep the child from the mother and the situation is what it is because the mothers schedule does not allow her to retrieve the child when the order dictates. How is that the father keeping the child from the mother and how is it anything but the mothers situation that is causing the issue?

  5. #15
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    Oct 2006
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    16,474

    Default Re: Violating Court Order, Visitation

    Quote Quoting jk
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    Yes I did But the fact you disgvree with my conclusion that the father is not keeping the child away from the mother and it is her schedule that is causing the issue is what I was addressing. The father doesn’t appear to be doing anything to keep the child from the mother and the situation is what it is because the mothers schedule does not allow her to retrieve the child when the order dictates. How is that the father keeping the child from the mother and how is it anything but the mothers situation that is causing the issue?
    My point was that a parent has both the obligation and the right to make a living. Stating that one parent should prioritize the court order over making a living, rather than modifying the court order is illogical, legally.

    I said that the OP needed to find a way to make it work, but in the meantime get back into court to get the orders changed to something that makes sense based on work schedules.

  6. #16
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    Jan 2006
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    Default Re: Violating Court Order, Visitation

    Quote Quoting llworking
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    My point was that a parent has both the obligation and the right to make a living. Stating that one parent should prioritize the court order over making a living, rather than modifying the court order is illogical, legally.

    I said that the OP needed to find a way to make it work, but in the meantime get back into court to get the orders changed to something that makes sense based on work schedules.
    My point is that the father is stuck doing what he is doing because the mom cannot pick up the child when the courts scheduled it to happen. That’s on mom, not dad and it is in no way keeping the child away from the mother.

    While you say mom shoildnt have to leave work, what do you think happens with dad if he waits for the mother to get off work? Since it is mom’s time, it’s moms obligation to find a solution. If she doesn’t then she has no right to gripe at the father’s solution. He is actually the one that has a reason to complain.


    Honestly, considering running into court for every little issue will piss off a judge real fast. There are no guarantees a change in the schedule will work for any length of time. Either or both parents schedules could change tomorrow and result in the same problem.



    Do ya think maybe mom caused her own problems with this:

    He is mad because I won't let him change his visitation days to his days off..which is against court order.
    not because it is problematic for me but because the order says otherwise. I’m thinking dad is simply giving back what mom threw at him.

  7. #17
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    Mar 2016
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    Default Re: Can You be Taken to Court for Contempt Over a Late Pickup of a Child

    Quote Quoting junesummer
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    Court order is in place for me to pick up my son on fridays at noon from his dads. I have to work and cant get him until three hours later. His dad says he will violate me on court order if i don't AND says he will take him to work with him out of the county. I have offered to help set up daycare where he lives. There is a clause in current order which says neither parent can "relocate" out of the county without consent. Dont know if this matters?

    His work is 1 1/2 hours away from where I live. We live only 30 min apart. His work is not appropriate for children as he works around gambling and he works from 11 -9pm. He is mad because I won't let him change his visitation days to his days off..which is against court order.

    His GF also willfully kept my son from me. she picked him up at 450 from daycare (I confirmed with the daycare) and took him to library and get treats and were 20 min late while I sat in my car and waited not knowing where my son was. They said they did this because i was late one day (10 min) dropping him off...his dad wasnt even home. He was also late 30 min one day pick him my son up from school. He said due to road work.

    What do I do if he takes him to work with him on Friday? Do I call police? Do I go get my son at his work and take police with me? Do I wait until he brings him to his house at 9/930 at night? My son is 10. I do have a lawyer, and so does my son but I wanted to get my thoughts together before I consult.
    Relocation is moving.

    What is the visitation schedule? Contempt would be whoever the CP is keeping the NCP from exercising their visitation. So example: NCP is supposed to get the kids every other weekend and six weeks in the summer but the CP doesn't let the NCP have their six weeks in the summer. That's contempt. But if the NCP doesn't exercise their visitation, that's not contempt.

    If you have had a change in schedules, why not go back to court and modify the visitation schedule so you can pick up the kid later on Fridays? Or so he can have visitation on his days off if it works out?

    The police will tell you it's a civil matter. If you want to go get him from his place of work, you can. It's your visitation time. Or try to work something out with him to where he drops the kid off at daycare or something. I know you said you offered, try again.

    His girlfriend is another story and she has no legal rights or say in this matter. He needs to tell her to back off. Also - tell daycare only certain people can pick up your kid and if someone else comes to call you.

    You two need to sit down and talk like adults because you both sound really petty right now. Figure it out for your kid's sake.

    If you have a lawyer who you pay, why don't you ask them for advice?

    Quote Quoting llworking
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    I really disagree with the bolded. I think its the fault of both parents for making an agreement that does not work with their respective work schedules. It is not reasonable for either parent to have to miss work in order to follow a parenting schedule. The schedule needs to be changed to work with their respective work schedules. If that means that the child spends the afternoon on Fridays with a babysitter or relative, then so be it.

    June, if you cannot pick up the child at his home at noon, then you need to find someone else to do it for you...no matter how difficult that is. The only solutions you have offered require inconveniencing dad. Figure out a way to get the child picked up.
    She said his schedule changed after they agreed on visitation.

  8. #18
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    Jan 2006
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    38,867

    Default Re: Can You be Taken to Court for Contempt Over a Late Pickup of a Child

    His girlfriend is another story and she has no legal rights or say in this matter. He needs to tell her to back off. Also - tell daycare only certain people can pick up your kid and if someone else comes to call you.
    often times a parent can designate others to pick up their children from daycare or school. Generally, unless a court specifically precludes a parent from designating another party, it is allowed.

    The school/daycare can and should require all authorized people to be placed on a list at the school. The parents generally do not have the right to limit who the other parent designates to pick up their child.

  9. #19
    Join Date
    Mar 2018
    Posts
    17

    Default Re: Can You be Taken to Court for Contempt Over a Late Pickup of a Child

    And the GF willfully not arriving on time for me to pick up my son? She took him to library and a treat purposely so that she would be late. My ex said that it was because I was late on a previous day, but it was not intentional. I waited 20 min in my car on their property for them to arrive without knowing where my son was. Is there anything that can be done with that?

    We are not able to speak in person. Lawyers and court knows this. He is abusive and manipulative. I have offered to set up child care through a local y or a relative. But he refuses. The court advised both parties to be cooperative. I am being cooperative. He is only doing this because I won't change the visitation schedule which I have already been advised by my lawyer NOT to. What would you do? Should I fight it and try to get it modified?

    He is also responsible to pay 60% of all child care costs. I have been paying a babysitter out of pocket under the table. How do I collect 60% of something like that? That would mean he owes about $300 towards child care costs

  10. #20
    Join Date
    Dec 2007
    Posts
    273

    Default Re: Can You be Taken to Court for Contempt Over a Late Pickup of a Child

    Quote Quoting junesummer
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    And the GF willfully not arriving on time for me to pick up my son? She took him to library and a treat purposely so that she would be late. My ex said that it was because I was late on a previous day, but it was not intentional. I waited 20 min in my car on their property for them to arrive without knowing where my son was. Is there anything that can be done with that?

    We are not able to speak in person. Lawyers and court knows this. He is abusive and manipulative. I have offered to set up child care through a local y or a relative. But he refuses. The court advised both parties to be cooperative. I am being cooperative. He is only doing this because I won't change the visitation schedule which I have already been advised by my lawyer NOT to.

    How are you being cooperative when he has good reason to want a schedule change? You have a lot of excuses. You were late but that was OK. This drama is not hurting anyone but your child. You both need to grow up! You can start.

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