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SPARC Forums  |   Main Forums  |  Moms Without Custody (Moderators: Kitty C., olanna, Buff)  |  Topic: Father's threat « previous next »
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Author Topic: Father's threat  (Read 2823 times)
Giggles
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« Reply #15 on: Jun 05, 2008, 12:09:39 pm »

BUT you COULD very well drive there, go to the local police station with your COURT ORDER have them follow you to his residence and pick up your son.

The only thing is if you do this then you cannot charge him with contempt or get reimbursed for the air fair.

I would however still get a clarification.  If he moved, did you allow that move?
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knoot7
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« Reply #16 on: Jun 05, 2008, 01:37:05 pm »

Actually dependant on the state... law enforcement will not get involved. NY - you are SOL. They will go with you they will try but parental interference is just fine. Couldn't even file with the local enforcement on Parental interference OR contempt. Officer simply stated he coulnd't do much but file a report to document what transpired. However, he could NOT force BM to provide SS back to his father despite the CO in hand (and the CO had been this way for 13 years)! DH had to file with Family court and that was it. You may want to look into/call the local police of that town to find out more. We did.

My DH went to BM's house to pick son up on his court ordered time (mind you he had 50/50 Physical and Legal custody)... law officer wouldn't/couldn't enforce family court issues. Additionally, when he went to the judge to file contempt and parental interference..the judge looked at him and said well you only have one more day this week so what is the big deal!?

The next day DH went again (with law enforcement) and a new release order from the judge to releasae SS......SS came home with DH THIS time. BUT there is no guarantee...and BM could do as she wished.

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MixedBag
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« Reply #17 on: Jun 09, 2008, 11:25:20 am »

Grab???

and what did you do?
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smcollins3
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« Reply #18 on: Jun 13, 2008, 06:57:52 pm »

"4. It was a fighting battle getting my son on Mother's Day,
but I did have him and I did pay for it. He originally refused
because he wanted to honor that day for his new wife...
ridiculous I know."

You might want to remind your ex that stepmothers day is the Sunday after Mother's day. This was done to accommadate the fact that stepmom's care about stepkids. (not saying all do, but I am a SM and I care, however I would never keep SD from bm on Mother's day)
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mitcheli
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« Reply #19 on: Mar 05, 2009, 03:27:18 pm »

I've had to deal with these types of psychological mind games myself. Because I didn't provide the full and proper itinerary, per my ex-wife's desire, she threatened to prevent me from picking up my children. In that incident, a call to the police was in order. Here's what I learned while dealing with issues like this.

Tentatively agree until you have your kids with you, then "Possession is 9/10's of the Law". Once your child is safe at your place, let your ex know you have no desire to pay and you await him to provide the appropriate tickets. Don't put it in writing, call on the phone. When addressing your desire not to pay, mention your support payments, lack of legal justification to make you pay, etc.

Now the other parent has two choices. 1) Buy the ticket at a premium to see their child. 2) Call the police. If the later, then calmly explain you have no desire to keep your child past the date and time in which they are supposed to return and that as long as the custodial parent provides a means of transportation, you will do nothing to interfere with your child taking that transportation. Ask the police to provide a copy of the court order mandating you provide transportation expenses, and absent one, kindly ask them to tell the custodial parent to provide transportation.

After the ordeal, expect a trip back to court. File first, because you know it'll be coming. Get a motion to Modify that clearly defines who is responsible for travel in your court order. (Research your State Law to know what to expect.)

Probably not the best approach at avoiding confrontation, but it will make sure you see your child and will shift the power back into your hands.

Good luck.
Ian.
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SPARC Forums  |   Main Forums  |  Moms Without Custody (Moderators: Kitty C., olanna, Buff)  |  Topic: Father's threat « previous next »
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